Thangam @ Periyasamy v. The District Registrar (Administration)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2025

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN Thangam @ Periyasamy .. Petitioner Vs.

1.The District Registrar (Administration), Virudhunagar District, Virudhunagar.

2.The Sub-Registrar, Veerasolan Sub-Register Office, Veerasolan, Tiruchuli Taluk, 3.Pandi 4.Sathasivam 5.Ramu .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, to call for the records in pertaining to the impugned refused check slip No.RFL/Veerasolan/9/2025 dated 19.03.2025 of the second respondent and quash the same as illegal, consequently, direct the second respondent to register the document presented by the petitioner in respect of survey number 29/2A in an extent of 0.16.00 hectares situated at Panaikudi Village, Thiruchuli Taluk,

For Petitioner : Mr.K.Anandraj For R-1 & R-2 : Mr.P.T.Thiraviyam Government Advocate

ORDER

This Writ Petition is filed challenging the impugned refusal check slip No.RFL/Veerasolan/9/2025 dated 19.03.2025 of the second respondent and consequently, to direct the second respondent to register the document presented by the petitioner in respect of survey number 29/2A in an extent of 0.16.00 hectares situated at Panaikudi Village, Thiruchuli Taluk,

2. I heard Mr.K.Anandraj for the petitioner and Mr.P.T.Thiraviyam, learned Government Advocate for the respondents 1 and 2.

3. The ground for refusal of registration in this case is that if the document is registered, it will amount to double entry.

4. This very issue has been considered by this Court in T.Senthilvel Vs. The District Registrar (Administration) and others, W.P.(MD).No. 22114 of 2024 dated 17.10.2024. The Honourable Mr.Justice N.Sathish Kumar held that the mere fact of double entry of a document is not a ground for refusal of registration.

5. Respectfully following the said judgment, the impugned order is quashed. There shall be a Mandamus to the second respondent to register the document presented by the petitioner, if it is otherwise in order. Needless to add, mere registration of the document will not confer a title on the purchaser of the property, if the vendor does not otherwise have title to the same.

6. Accordingly, the Writ Petition is allowed. There shall be no order as to costs.

29.04.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Lm To 1.The District Registrar (Administration), Virudhunagar District, Virudhunagar.

2.The Sub-Registrar, Veerasolan Sub-Register Office, Veerasolan, Tiruchuli Taluk,

V.LAKSHMINARAYANAN,J.

Lm 29.04.2025