Subash B.Jain v. The District Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :19.06.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY Subash B.Jain ... Petitioner vs.
1.The District Registrar, Office of the District Registrar, Sivagangai District, Sivangagai.
2.The Sub Registrar, Sub Registrar Office, Manamadurai, Sivagangai District.
3.R.Gandhi 4.S.Jeyarani 5.V.Lakshmi
...Respondents
(R3 to R5 are suo motu impleaded vide Court order dated 22.04.2025 in W.P.(MD)No.11062 of 2025) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Refusal Check Slip issued by the 2nd Respondent in No. RFL/1/2025 dated 25.02.2025 and quash the same as illegal and unconstitutional and consequently, to direct the 2nd respondent to register the sale deed presented by the petitioner and purchaser and to release the same within the time stipulated by this Court.
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For Petitioner : Mr.A.Karthik For R1 and R2 : Mr.D.Sasi Kumar Additional Government Pleader *****
ORDER
The present Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to quash the impugned Refusal Check Slip issued by the 2nd Respondent in No. RFL/1/2025 dated 25.02.2025 and consequently, to direct the 2nd respondent to register the sale deed presented by the petitioner and purchaser and to release the same within the time stipulated by this Court.
2. The contention of the petitioner is that the 2nd respondent being a Sub Registrar Office is not entitled to go into the title of the properties. It is settled proposition that the title cannot be verified by the Sub- Registrar. However, it is seen that respondents 3 to 5 have sold some of the properties in Survey Nos.8/1, 8/2 and 8/3 to third parties.
3.Therefore, there is a rival claim to the said properties. But the impugned refusal slip states several survey numbers including the Survey Nos.8/1, 8/2 and 8/3. As far as the other survey numbers are concerned, the respondents are no way connected with the said survey numbers including the respondents 3 to 5. 2/4
Therefore, this Court directing the respondents to verify whether the other survey numbers do not belong to the respondents 3 to 5, if it is so, the refusal slip is erroneous. The respondents are directed to consider and register the land in Survey No.100/2B, 7/1, 7/10, 7/11, 7/12, 7/13, 7/2, 7/3, 7/4, 7/5, 7/6, 7/7, 7/8, 7/9, 8/4, 1/1, 1/2, 10, 11/2, 12/1, 13, 14, 2/1, 2/2, 23/2, 3/1, 3/2, 4/2, 5/1, 6 and 9, except the Survey Nos.8/1, 8/2 and 8/3, as per the law. As far as the Survey Nos. 8/1, 8/2 and 8/3 are concerned, the petitioner is directed to workout his remedy as per the law.
4.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.
19.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To:
1.The District Registrar, Office of the District Registrar, Sivagangai District, Sivangagai.
2.The Sub Registrar, Sub Registrar Office, Manamadurai, Sivagangai District.
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S.SRIMATHY , J.
Tmg ORDER MADE IN DATED :19.06.2025 4/4