Kumutha P v. The District Registrar (Administration)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD).No.15584 of 2025 P.Kumutha ... Petitioner -vs1. The District Registrar (Administration), Sivagangai District, Sivagangai.
2. The Sub Registrar, Thiruppuvanam Sub Registrar Office, Thiruppuvanam, Sivagangai District.
3. Jegatha (R3 is impleaded vide court order dated 16.06.2025 in W.P(MD)No.12227 of 2025 in W.P.(MD)No.15584 of 2025 by SSYJ) ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records of the 2nd Respondent's order vide refusal number. RFL/Thiruppuvanam/20/2025 dated 25.04.2025 and quash the same and consequently direct the 2nd respondent to register the document presented by Petitioner and her daughters in respect of Nanja agriculture land in survey number. 100/4 extent 42 1⁄2 cents out of 85 cents bearing Patta No.1824 situated at Manalur Village, Thiruppuvanam Taluk, Sivagangai District 1/4
For Petitioner : Mr.M.Ganesan For R1 and R2 : Mr.G.Suriya Ananth Additional Government Pleader For R3 : No Appearance
ORDER
The present writ petition is filed for a Certiorarified Mandamus to quash the order passed by the 2nd respondent dated 25.04.2025 in refusal number.RFL/Thiruppuvanam/20/2025 and consequently direct the 2nd respondent to register the documents presented by the Petitioner and her daughters.
2. The respondents through the impugned order have stated that the petitioner's sister has submitted an objection for registering the same. The objection of the petitioner's sister is that there is a 'Will' executed by the petitioner's mother. In the said 'Will', the preemptive rights are granted to the siblings. The petitioner is violating the same and sold the property to the 3rd party. Therefore, there is an objection. If the petitioner is violating the preemptive rights then the objector has to prefer an appropriate civil 2/4
remedy. He cannot submit an objection before the Registering Officer. If the Registering Officer is allowed to entertain such petition, then he will be allowed to sit as Civil Court which is not permitted, therefore, the objection cannot be cited to refuse the register.
3. Therefore, the impugned order dated 25.04.2025 is quashed. Accordingly, the respondent is directed to register the document within a period of four (4) weeks from the date of receipt of a copy of this order.
4. With these directions, the writ petition stands allowed. No costs. 09.07.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/4
S.SRIMATHY, J.
rgm To
1. The District Registrar (Administration), Sivagangai District, Sivagangai.
2. The Sub Registrar, Thiruppuvanam Sub Registrar Office, Thiruppuvanam, Sivagangai District.
W.P(MD).No.15584 of 2025 09.07.2025 4/4