A.Arunachalam v. The Sub Registrar No.I

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No. 13580 of 2025 A.Arunachalam ...Petitioner Vs.

1.The Sub Registrar No.I, Kannivadi, Dindigul District.

2. K.R.V. Kasthuri Rengasamy

3. Pappathiammal

...Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus to call for the records relating to the 1st respondent's proceeding dated 22.04.2025 vide RFL/Kannivadi/8/2025 and quash the same and consequently direct the 1st respondent to register the sale deed submitted by the petitioner regarding land in S.No.712/2B1E, measuring an extent of 1.50 acres situated at Kottapulli village, Dindigul West Taluk, Dindigul.

For Petitioner : Mr.A.Srinivasan For Respondents :Mr.G.Suriya Ananth Addtional Government Pleader for R1 Mr. J.Lawrance for R2 and R3

ORDER

This writ petition is filed for Writ of Certiorarified Mandamus to quash the proceedings of the 1st respondent dated 22.04.2025 and consequently direct the 1st respondent to register the sale deed submitted by the petitioner.

2. Through the impugned order, it has been stated that the disputed land has been divided into several plots, and more than 23 of them have already been sold.

3. The contention of the petitioner is that a small extent of the property was purchased by him as early as 1987. He further contends that all subsequent sale deeds were executed after his purchase. Therefore, the petitioner claims to be the rightful owner of the property.

4. However, the learned counsel appearing for respondents 2 and 3 submitted that the total extent of land is 3.50 acres, out of which they have purchased 2.50 cents.

5. After hearing the rival submissions, it appears that there may be some overlapping of land. However, such disputes cannot be decided by the 1st respondent. It is a well-settled proposition of law that the 1st respondent cannot decide the title of the properties. Moreover, if the present sale is recorded, it may result in double or multiple entries. The parties aggrieved by such entries are at liberty to approach the appropriate civil court to establish their title.

6. Accordingly, this writ petition is allowed and the impugned proceedings of the 1st respondent dated 22.04.2025 is hereby quashed. The 1st respondent is directed to regiser the sale deed within a period of four weeks from the date of receipt of a copy of the order. No Costs. 28.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA

To:

The Sub Registrar No.I, Kannivadi, Dindigul District.

S.SRIMATHY , J.

KSA ORDER MADE IN W.P(MD)No. 13580 of 2025 DATED :28.07.2025