Subbaiah v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Subbaiah ... Petitioner Vs.

1.The District Registrar Registration Department, Dindigul District 2.The Sub Registrar, Saanarpatti Sub Registrar Office, Dindigul 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 pertaining to the 2nd respondent Refusal Slip in Number RFL/Saanarpatti/43/2025, dated 27.05.2025 and to quash the same as illegal and consequently, to direct the 2nd respondent herein to register the sale deed dated 27.05.2025 within a stipulated period.

For Petitioner : Mr.M.Gandhirajan For Respondents : Mr.S.Saji Bino Special Government Advocate *****

ORDER

The present Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to quash the 1/4

refusal slip in Number RFL/Saanarpatti/43/2025, dated 27.05.2025 and consequently, to direct the 2nd respondent herein to register the sale deed dated 27.05.2025 within a stipulated period.

2.It is the case of the petitioner that the petitioner has purchased the land from Andi, Karuppaiah and Ayyannan, sons of Kulanthaivannan, vide sale deed, dated 29.12.1980. In the said sale deed, it is stated that the sons of Kulanthaivannan, namely Andi, Karuppaiah and Ayyannan have sold the property also on behalf of their minor sons on the date of sale deed. When the document was presented before the second respondent for registration, the same was refused on the ground that there was double entry in respect of the subject property. Whereas it is the contention of the petitioner that originally the said land, belonged to one Bhagavathi Konar and one Subbaiah Konar. They sold the property to one Kulanthaivannan, in document No.83, dated 21.01.1953. The said land was purchased by the petitioner from Andi, Karuppaiah and Ayyannan, sons of Kulanthaivannan, vide sale deed, dated 29.12.1980. Therefore, according to the petitioner, the legal heirs of Andi, Karuppaiah and Ayyannan have no right over the property.

3. Merely because there is a double entry in respect of subject property, the registration cannot be refused. Hence, the impugned order passed by 2/4

the second respondent is hereby quashed. The second respondent is directed to register the petition mentioned document within a period of two weeks from the date of receipt of a copy of this order. It is for the concerned parties to establish their title before the competent civil Court by adducing documents. 4.With the above observations, this Writ Petition is allowed. There shall be no order as to costs.

30.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To:

1.The District Registrar Registration Department, Dindigul District 2.The Sub Registrar, Saanarpatti Sub Registrar Office, Dindigul District.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 30.06.2025 4/4