Madras High CourtWP(MD)/15639/2025allowed

Bose v. The District Registrar

2025-07-09Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD).No.15639 of 2025 Bose ... Petitioner -vs1. The District Registrar, Registration Department, Dindigul District, Dindigul.

2. The Sub-Registrar, Nagalnayakkanpatti Sub-Registrar Office, Dindigul District.

... 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 impugned order in RFL/Nagalnayakkanpatti/23/2025 dated 30.04.2025 and quash the same as illegal and consequently directing the 2nd respondent to register the deed executed by the petitioner. For Petitioner : Mr.P.Manikandan For R1 and R2 : Mr.S.Saji Bino Special Government Pleader 1/4

ORDER

This writ petition has been filed for a Certiorarified Mandamus to call for the records of the 2nd Respondent's impugned order in RFL/Nagalnayakkanpatti/23/2025 dated 30.04.2025 and quash the same as illegal and consequently directing the 2nd respondent to register the deed executed by the petitioner.

2. Through the impugned order, the respondents have stated that there is an attachment by the competent Civil Court 07.09.1988 which was informed to the Registering Officer and the same has been registered in nfhg;g[ vy; vz;/3 Mz;L 1988 vg; tp vz;/319 before the registering authorities. By citing the same, the respondents are refusing to register.

3. The learned counsel appearing for the petitioner submitted that even though there is a decree, but in the execution petition, the same was not processed and it was dismissed. Moreover, the same cannot be cited to refuse the registration by the registering authorities, for which he has relied upon the Judgment of this Court in the case of S.Praveen Bohra vs. Joint-I 2/4

Sub-Registrar (In the Cadre of District Registrar) reported in 2016 (3) CTC 493, where it has been held order of attachment cannot bar registering the property. Therefore, by following the same, this Court is also of the considered opinion, mere attachment by the civil court, the Registering Authority cannot refuse the registration. Hence, the impugned order is quashed.

4. Therefore, the writ petition stands allowed by directing the 2nd respondent to register the Sale Deed executed by the petitioner within a period of four (4) from the date of receipt of a copy of this order. No costs. 09.07.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm To

1. The District Registrar, Registration Department, Dindigul District, Dindigul.

2. The Sub-Registrar, Nagalnayakkanpatti Sub-Registrar Office, Dindigul District.

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S.SRIMATHY, J.

rgm W.P(MD).No.15639 of 2025 09.07.2025 4/4