A.Mathiyazhagan v. The Sub - Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY A.Mathiyazhagan ... Petitioner Vs.

1. The Sub- Registrar, Uthumalai Sub-Registrar Office, V.K. Pudur Taluk, Tenkasi District.

2. Mr.M.Perumalsamy (R2 is suo motu impleaded vide Court order dated 24.04.2025 in W.P.(MD)No.11794 of 2025) ... Respondents 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 of the impugned check-slip made in Refusal Number: RFL/oothumalai/4/2025 dated 30.01.2025 and quash the same as illegal and consequently directing the Respondent herein to register the Settlement Deed dated 29.01.2025 presented by the Petitioner executed in favour of his wife, relating to the land comprised in comprised in S.No.62, now it is sub-divided as 62/1 to an extent of 1.54 1⁄2 acres of land lying on its eastern side at Keezhakalangal Village, V.K. Pudur Taluk, Tenkasi District.

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For Petitioner : Mr. D.Srinivasaragavan For R-1 : Mr.S.Kameswaran Government Advocate For R-2 : No appearance

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the refusal check slip dated 30.01.2025 and consequently, direct the first respondent to register the settlement dated 29.01.2025.

2. The first respondent refused to register the settlement deed since the property belongs to one Perumalsamy. Admittedly, the petitioner has filed a suit in O.S.No.66 of 2025 on the file of the learned Principal District Munsif Court, Tenkasi, for declaration of injunction as against the said Perumalsamy. The first respondent cannot sit over the document as a Civil Court, as it is a well-settled proposition of law that registration authorities cannot adjudicate title disputes. Therefore, the refusal check slip is incorrect and the same is quashed.

3. The first respondent is directed to register the settlement deed. Since the 2/4

suit is pending, the petitioner as well as the petitioner's wife shall not encumber the property until the disposal of the suit.

4. With the above said direction, this Writ Petition is allowed. There shall be no order as to costs.

13.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

The Sub- Registrar, Uthumalai Sub-Registrar Office, V.K. Pudur Taluk, Tenkasi District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 13.06.2025 4/4