Muthuperumal R v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2025

CORAM

THE HONOURABLE Mr. JUSTICE KRISHNAN RAMASAMY R.Muthuperumal

...Petitioner

vs.

1.The Sub Registrar, Ottapidaram Sub Registrar Office, Tuticorin District.

2.Punithavathi

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of the impugned Refusal Check-slip No.RFL/Ottapidaram/17/2025 dated 10.03.2025 issued by the 1st respondent refusing to register the sale deed presented for registration and acknowledged by the Registrar Office vide temporary Number TP/212779898/2025 and quash the same as illegal and arbitrary.

For Petitioner : Ms.S.Vaishnavi Aishwarya For Respondents : Mr.V.Om Prakash, Government Advocate for R1 Mr.R.Jegadeeswaran for R2 1/4

ORDER

This Writ Petition has been filed challenging the the impugned refusal check-slip No.RFL/Ottapidaram/17/2025, dated 10.03.2025 issued by the first respondent.

2. The learned counsel appearing for the petitioner would submit that based on the objections made by the second respondent, the first respondent refused to register the sale deed dated 10.03.2025. He would further submit that the petitioner's right over the property is independent and hence, impugned refusal slip is liable to be quashed.

3. The learned counsel appearing for the second respondent has vehemently opposed for registration of the sale deed and would submit that the subject property is a joint family property. The petitioner's vendor is a party to a partition suit and beyond the petitioner's entitlement, sale deed is being presented now.

4. I have given due consideration to the submissions made on either sides.

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5. It appears that there is a serious dispute over the title of the subject property. Since a partition suit is pending, the petitioner's vendor can establish his title before the Civil Court and once the title is proved, the sale deed presented by the petitioner will be registered by the concerned Authorities. In view of the facts and circumstances, this Court is not inclined to entertain this Writ Petition and it is up to the petitioner to approach the Civil Court for appropriate remedy, if so advised.

6. In the result, this Writ Petition stands dismissed. No costs. 03.12.2025 Speaking / Non-speaking order Index : Yes/No NCC : Yes/No mbi To 1.The Sub Registrar, Ottapidaram Sub Registrar Office, Tuticorin District.

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KRISHNAN RAMASAMY, J.

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