Deen Mohamed v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Deen Mohamed ... Petitioner Vs.

1. The Sub-Registrar, Ayyampettai Sub Registrar Office, Thanjavur District.

2. M.Sheik Alavutheen ... 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 relating to the impugned refusal cheque slip No.RFL/Ayyampettai/39/2025 dated 12.05.2025 of the 1st respondent and to quash the same as illegal and consequently, to direct the 1st respondent to register the sale deed presented by the petitioner for registration within the period that may be stipulated by this Court.

For Petitioner : Mr.V.G.Vallarasu Chezhiyan For R1 : Mr.G.Suriya Ananth Additional Government Pleader For R2 : Mr.A.N.Ramanathan 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to quash the impugned refusal cheque slip No.RFL/Ayyampettai/39/2025 dated 12.05.2025 of the 1st respondent and consequently, to direct the 1st respondent to register the sale deed presented by the petitioner for registration within the period that may be stipulated by this Court.

2.The 1st respondent has stated that earlier a sale agreement, dated 09.09.2022, was registered in Document No.1553 of 2022. When the said sale deed is in existence, the present sale deed cannot be registered. The said reasoning of the 1st respondent is absolutely erroneous. Since the agreement of sale is registered only based on the mandatory statutory provisions, the same cannot give any right or title over the property for the agreement holder. Therefore, the said reasoning of the 1st respondent is erroneous and non application of mind.

3.Therefore, the impugned order is quashed and the 1st respondent is directed to register the sale deed presented by the petitioner within a period of four weeks from the date of receipt of a copy of this order. 2/4

4.With the above observations, this Writ Petition is allowed. There shall be no order as to costs.

25.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To The Sub-Registrar, Ayyampettai Sub Registrar Office, Thanjavur District.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 25.06.2025 4/4