Madras High CourtWP(MD)/14982/2025allowed

A.Malaisamy v. The District Registrar

2025-08-08Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.11195 of 2025 A.Malaisamy ... Petitioner Vs

1. The District Registrar, Madurai District, Madurai.

2. The Sub Registrar, Thamaraipatti at Chittampatti, Madurai District.

... 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 in pursuant to the impugned order passed by the 2nd respondent in Registration Refusal Check Slip in Refusal Number.RFL/Thamaraipatti/10/2023 dated 07.07.2023 and quash the same and consequently direct the 2nd respondent to Register the Gift Deed presented by the petitioner in respect of the document presented by the petitioner in Temporary No.TP/155280603/2023 dated 07.07.2023.

For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.G.Suriya Anantha Additional Government Pleader 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the refusal check slip dated 07.07.2023 and consequently direct the second respondent to register the gift deed.

2. Through the impugned order, the first respondent refused to register the release deed on the ground that there was an earlier transaction registered as Document No.699/1982 in respect of the subject property. Therefore, if the petitioner's document were registered then it would amount to a double entry.

3. The issue of double entry has already been considered by this Court in the case of T.Senthilvel Vs. The District Registrar and others in W.P.(MD)No. 22114 of 2024 dated 17.10.2024, wherein, the Hon'ble Single Judge held that based on double entry, the respondent cannot refuse registration.

4. Therefore, following the said judgment, the impugned refusal check slip is hereby quashed. The official respondent is directed to register the gift deed, within a period of four (4) weeks from the date of receipt of a copy of this order. 2/4

5. With the above said directions, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PJL To

1. The District Registrar, Madurai District, Madurai.

2. The Sub Registrar, Thamaraipatti at Chittampatti, Madurai District.

3/4

S.SRIMATHY , J.

PJL ORDER MADE IN DATED : 08.08.2025 4/4