M.Ganesan v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY M.Ganesan ...Petitioner Vs.

1.The District Registrar, District Collectorate Compound, Karur.

2. The Sub Registrar, Sub Registrar Office, Tharagampatti, Karur District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to register the petitioner's sale deed dated 26.11.2024 which is pending before the 2nd respondent as document No.P/Tharagampatti/9/2025 dated 07.03.2025 and release the same forthwith.

For Petitioner : Mr.J.Parekh Kumar For Respondents : Mr.S. Saji Bino Special Government Pleader *****

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents to register the petitioner's sale deed dated 26.11.2024 which is pending before the 2nd respondent as document 1/4

No.P/Tharagampatti/9/2025 dated 07.03.2025 and release the same forthwith. 2.Even though no orders were passed, the learned Special Government Pleader appearing for the respondents submitted written instructions wherein it is stated that a third party has objected to register the document. 3.It is a settled proposition that the registering officer cannot refuse to register the document by citing a third party objection. If at all there is any rival claim, the parties should approach the appropriate Civil Court. The respondent Sub Registrar cannot sit as Civil Court and decide the title. Therefore, written instructions submitted by the respondents is erroneous and is total non application of mind. Therefore, the respondents cannot cite the same reason again and refuse to register. Hence, the respondents are directed to register the sale deed within a period of four weeks from the date of receipt of a copy of this order. 4.With the above observations, this Writ Petition is allowed. There shall be no order as to costs.

04.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg 2/4

To:

1.The District Registrar District Collectorate Compound, Karur.

2. The Sub Registrar Sub Registrar Office, Tharagampatti, Karur District.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 04.07.2025 4/4