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Madras High CourtWP(MD)/11758/2025allowed

Selin Nelson v. The Sub Registrar

2025-04-24Honourable Mr Justice V. Lakshminarayanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2025

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Selin Nelson ... Petitioner (In Both Cases) Vs.

The Sub Registrar, Office of the Sub Registrar, Thuckalay, Kanyakumari.

... Respondent (In Both Cases) Prayer in W.P(MD)No.11758 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the impugned refusal check slip under Refusal No.RFL/Thuckalay/78/2025 passed by the respondent, dated 25.03.2025 and to quash the impugned order as illegal and further to direct the respondent to register the sale deed, dated 25.03.2025 executed by the petitioner in relating to the properties under S.No.730/9 its New R.S.No. 730/9C measuring a total extent of 34 cents situating at Muthalakuruchi Revenue Village, Kalkulam Taluk, Kanyakumari District and to pass such further or other orders as this Court.

Prayer in W.P(MD)No.11775 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of 1/5

Certiorarified Mandamus, to call for the impugned refusal check slip under Refusal No.RFL/Thuckalay/77/2025 passed by the respondent, dated 25.03.2025 and to quash the impugned order as illegal and further to direct the respondent to register the sale deed, dated 25.03.2025 executed by the petitioner in relating to the properties under S.No.730/9 its New R.S.No. 730/9C measuring a total extent of 34 cents situating at Muthalakuruchi Revenue Village, Kalkulam Taluk, Kanyakumari District and to pass such further or other orders as this Court.

For Petitioner : Mr.B.Micheal Sebastin For Respondent : Mr.R.Suresh Kumar Additional Government Pleader COMMON ORDER The petitioner seeks for the following relief:- "Writ of Certiorarified Mandamus, to call for the impugned refusal check slips under Refusal No.RFL/Thuckalay/78/2025 and Refusal No.RFL/Thuckalay/77/2025 passed by the respondent, dated 25.03.2025 and to quash the impugned order as illegal and further to direct the respondent to register the sale deed, dated 25.03.2025 executed by the petitioner in relating to the properties under S.No.730/9 its New R.S.No. 730/9C measuring a total extent of 34 cents situating at Muthalakuruchi Revenue Village, Kalkulam Taluk, Kanyakumari District." 2/5

2. The petitioner claims that the property situated at S.No.730/9, new R.S.No.730/9C of Muthalakuruchi Village, Kalkulam Taluk, Kanyakumari District belonged to his father. On the death of the petitioner's father, the property devolved on his mother and himself and she had executed a "Will" in his favour in document No.18 of 1994, dated 03.08.1994. His mother Thayee passed away on 28.11.2004. The petitioner subsequently has been enjoying the property in his own right. When he attempted to alienate the property in favour of third party, the presentation of the document was refused under the impugned orders. Hence, this writ petition.

3. I heard Mr.B.Micheal Sebastin for the petitioner and Mr.R.Suresh Kumar for the respondent.

4. A perusal of the impugned orders show the ground of rejection is that the petitioner has not provided sufficient documents to prove the title of his mother Mrs.Thayee. The Sub Registrar does not have the power to enquire into questions of title. This position has been settled by the Supreme Court in K.Gopi Vs. The Sub Registrar and Others reported in 2025 SCC Online SC 740.

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5. In the light of the above discussion, both the writ petitions stand allowed. The impugned orders are quashed. There shall be no order as to costs.

24.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To The Sub Registrar, Office of the Sub Registrar, Thuckalay, Kanyakumari.

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V.LAKSHMINARAYANAN, J.

BTR 24.04.2025 5/5