Sivanaiah v. The Inspector General Of Registration,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Sivanaiah ... Petitioner Vs.

1. The Inspector General of Registration, Registration Department, No.100, Santhome High Road, Chennai - 600 028.

2. The Sub Registrar, Surandai, Tenkasi District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 2nd respondent in Refusal Check Slip No. RFL/Surandai/Book 2/2, dated 17.02.2022 and quash the same and consequently direct the 2nd respondent to register the settlement deed dated 09.02.2022 having Document No. P/20/2022.

For Petitioner : M/s. S.S.Thesigan For Respondents : Mr.S.Kameshwaran, Govt. Advocate for R1 & R2.

1/4

ORDER

This Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned order passed by the 2nd respondent in Refusal Check Slip No. RFL/Surandai/Book 2/2, dated 17.02.2022 and consequently direct the 2nd respondent to register the settlement deed dated 09.02.2022 having Document No. P/20/2022.

2.It is the case of the petitioner that the petitioner has purchased the lands measuring 1 acre and 9 cents in Survey No.363/3, Kazhuneerkulam Village, Surandai, vide sale deed in Doc.No.1584, dated 22.11.1982. And he is in possession of the property and the Tahsildar, Alangulam Taluk, has also issued patta in Patta No.448. Thereafter, the petitioner executed settlement deed in favour of his son on 09.02.2022. When the same was presented for registration before the second respondent, the second respondent refused to register the document by his order in Refusal Check Slip No.RFL/Surandai/Book 2/2, dated 17.02.2022, stating that the previous document stands in the name of one Thirumalaikoshunthu Nadar.

3. Heard both sides and perused the materials available on record. 2/4

4. It is seen the petitioner had purchased the subject property from the original owner, prior to the above double entry. It is settled law that based on double entry in respect of same property, the registration of document cannot be refused. Hence, the impugned order passed by the second respondent in Refusal Check Slip No. RFL/Surandai/Book 2/2, dated 17.02.2022 is hereby quashed and this Writ Petition is allowed. The second respondent is directed to register the petition mentioned document dated 09.02.2022 within a period of two weeks from the date of receipt of a copy of this order. It is for the concerned parties to establish their title before the competent civil Court by adducing documents, if so advised. No costs.

25.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes vsg To

1. The Inspector General of Registration, Registration Department, No.100, Santhome High Road, Chennai - 600 028.

2. The Sub Registrar, Surandai, Tenkasi District.

3/4

S.SRIMATHY , J.

vsg ORDER MADE IN DATED :25 .08.2025 4/4