Jimesh v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

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

1. The District Registrar, Thoothukudi Registration District, Thoothukudi.3.

2. The Sub Registrar, Udankudi Sub Registrar Office, Tiruchendur Taluk, Thoothukudi District.

.. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Ceritiorarified Mandamus, to call for the records of impugned refusal slip issued by the 2nd respondent in RFL/Udankudi/39/2025 dated 02.04.2025 and the quash the same as illegal, and consequently direct him to register the land purchased by the petitioner vide sale deed date 02.04.2025. For Petitioner : Mr.V.Angusamy For Respondents : Mr.S.Kameshwaran Government Advocate for R1 & R2 1/5

ORDER

This Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash impugned refusal slip issued by the 2nd respondent in RFL/Udankudi/39/2025 dated 02.04.2025 and consequently direct him to register the land purchased by the petitioner vide sale deed date 02.04.2025.

2. It is the case of the petitioner that the vendor of the petitioner, namely; Thanagam was allotted an extent of 3.63 cents through partition and she also obtained separate patta in her name. Thereafter, the petitioner has purchased the same which is now falling under sub-division natham survey No.82/1B1HB. In this regard, when the document was presented before the second respondent for registration, the same was refused on the ground that there was double entry in respect of the subject property and stated that thre exists a sale deed in respect of the same subject property in favour of one Gangaiya Nadar and one Velkumar has been declared as a legal heir of the said Gangaiya Nadar vide Judgment passed in O.S.No.101 of 2016.

Whereas it is the contention of the petitioner that originally the petitioner's vendor's father Santhosam and the aid Gangaiya Nadar are same uterine brothers. The said Gangaiya Nadar and his wife died intestate leaving behind the petitioner's vendor's father Santhosam as 2nd class legal heir.

the Santhosam. Having clear title as 2nd class legal heir, the said Santhosham Nadar had executed a settlement in favour of his eight daughters in respect of the total extent of 31.6 cents, the registered partition made between them conferring the title to the petitioner's vendor in respect of the subject property, i.e., 3.63 cents. Therefore, according to the petitioner, he has title over the said property.

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

4. At the outset, the petitioner has purchased the subject property from the original owner, after partition. Merely because there is a double entry in respect of subject property, the registration cannot be refused.

5. Accordingly, this writ petition is allowed and the impugned refusal slip issued by the 2nd respondent dated 02.04.2025. 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. No Costs.

08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes Ksa 3/5

To

1. The District Registrar, Thoothukudi Registration District Thoothukudi.3.

2. The Sub Registrar, Udankudi Sub Registrar Office, Tiruchendur Taluk, Thoothukudi District.

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S.SRIMATHY , J.

Ksa ORDER MADE IN DATED : 08.08.2025 5/5