Kannan v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY 1.Kannan 2.J.Balasubramanian .. Petitioners Vs.

1.The District Registrar, Sivagangai District.

2.The Sub Registrar, Kalayarkoil Taluk, Sivagangai District.

3.Ramanathan .. Respondents [R3 is suo motu impleaded vide court order dated 22.04.2025 in WP(MD)No.11047/2024 by VLNJ] PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Ceritiorarified Mandamus, to call for records relating to the impugned refusal check slip No.RFL/Devakottai/4/2025 dated 09.04.2025 of the 2nd respondent in respect of lands in S.No.62/1 in Idaiyanvayal Village, Kannangottai Group, Kannangottai Panchayat, Devakottai Taluk, Sivagangai District belonging to the petitioners herein and quash the same and 1/6

consequently direct the 2nd respondent to register the sale deed dated 09.04.2025 executed by the petitioners and quash the same. For Petitioners : Mr.V.R.Shanmuganathan For Respondents : Mr.S.Kameshwaran Government Advocate for R1 & R2

ORDER

This Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to quash the refusal check slip in RFL/Devakottai/4/2025 dated 09.04.2025 and consequently to direct the 2nd respondent to register the sale deed dated 09.04.2025 executed by the petitioners within a time frame.

2. It is the case of the petitioners that the petitioners have purchased the lands measuring 1 acre and 96 cents in Survey No.62, Idaiyanvayal Village, Kannangottai Group, Devakottai Taluk, Sivagangai District from one N.L.VR. Veerappa Chettiar for a valuable sale consideration. In this regard, when the document was presented before the second respondent for registration on 09.04.2025, the same was refused on the ground that there was double entry in respect of the subject property. Whereas it is the contention of the petitioner that originally the said lands in Survey No.62, Idaiyanvayal Village, Kannangottai Group, Devakottai Taluk, Sivagangai District, measuring 6 acres and 96 cents, 2/6

belonged to one A.R.L.N.L.Veerappa Chettiar. The said land was subdivided into S.No.62/1. The said land was purchased by A.R.L.N.L.Veerappa Chettiar from one V.R.Periyyannan Ambalam, vide registered Document No.198/1924, 199/1924 dated 01.02.1924. Subsequently, the said land was inherited by A.R.L.N.L.Veerappa Chettiar's sons, namely, N.L.VR.Veerappa Chettiar and N.L.VR.Lakshmana Chettiar. The property was jointly enjoyed by both of them. Further, out of total 6 acres 96 cents land, 5 acres located on the northern side were sold. The remaining 1 acre and 96 cents continued to be in joint possession and enjoyment of the aforementioned individuals. Out of this shared property, the said N.L.VR. Lakshmana Chettiar, held a one-half share. After his demise the said N.L.VR.

Veerappa Chettiar and other co-heirs have been jointly enjoying that share. Subsequently, the co-heirs executed a release deed in favour of N.L.VR.Veerappa Chettiar, thereby relinquishing their rights, and thereafter, the said property came under his sole ownership and control. Thereafter, the said N.L.VR.Veerappa Chettiar executed a sale deed dated 09.04.2025, in favour of the petitioners for a valuable consideration. Therefore, according to the petitioners, they have title over the said property and the third respondent has no right over the property.

3. Heard both sides and perused the materials available on record. 3/6

4. At the outset, the petitioners purchased the subject property from the original owner, after the release deed. Merely because there is a double entry in respect of subject property, the registration cannot be refused. Hence, the impugned order passed by the second respondent in Refusal No.RFL/Devakottai/4/2025 dated 09.04.2025 is hereby quashed and this Writ Petition is allowed. The second respondent is directed to register the petition mentioned document within a week 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 property document. No costs. 27.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes PJL To 1.The District Registrar, Sivagangai District.

2.The Sub Registrar, Kalayarkoil Taluk, Sivagangai District.

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S.SRIMATHY , J.

PJL ORDER MADE IN DATED : 27.06.2025 6/6