Lalitha Subramanian v. The Sub Registrar (No.I)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD).No.13366 of 2025 Lalitha Subramanian ... Petitioner vs.

1. The Sub Registrar (No.I), Palayamkottai, Tirunelveli District.

2. Maharajan, ... 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 relating to the 1st Respondent's proceeding dated 22.06.2024 vide RFL/No.1, Sub Registrar, Palayamkottai/44/2024 and quash the same and consequently direct the 1st Respondent to register the sale deed with regard to the property in S.No. 355/1A to an extent of 2400 sq.ft situated at Sree Perathuselvi Selvi Nagar (Plot No.3), V.M.Chathiram, Palayamkottai Taluk, Tirunelveli District. For Petitioner : Mr.A.Srinivasan For R1 : Mr.G.Suriya Ananth Additional Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to quash the impugned proceedings issued by the 1st 1/4

respondent dated 22.06.2024 and consequently direct the 1st Respondent to register the sale deed.

2. Through the impugned proceedings, the 1st respondent has stated that there is an encumbrance created by the 2nd respondent, who had executed a settlement deed in respect of the property vide Document No. 5889/2010. Therefore, registering another document would amount to a double entry.

3. Considering the facts of the case, this Court is of the considered opinion that the 1st respondent cannot refuse to register the document merely on the ground of a double entry.

4. Accordingly, the refusal order dated 22.06.2024 is hereby quashed. The 1st respondent is directed to register the sale deed within a period of four weeks from the date of receipt of a copy of this order. It is made clear that the 1st respondent shall register the document with a remark indicating "double entry." If any of the parties are aggrieved by such an entry, they are at liberty to file a civil suit, if so advised.

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5. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

23.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA To:

The Sub Registrar (No.I), Palayamkottai, Tirunelveli District.

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S.SRIMATHY , J.

KSA ORDER MADE IN DATED : 23.07.2025 4/4