Jafer Ali v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Jafar Ali ... Petitioner Vs.

1. The Sub-Registrar, Pettai Sub-Registrar Office, Tirunelveli, Tirunelveli District.

2. Hamidha Beevi ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to first respondent proceedings made in Refusal Check Slip, Refusal Number - RFL/Pettai/27/2023, dated on 07.06.2023 and quash the same, and further direct him to register the general power of attorney deed dated 07.06.2023 within a stipulated period as may be fixed by this Court. For Petitioner : Mr. R.Sundar For R-1 : Mr.D.Sasikumar Additional Government Pleader 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the refusal check slip dated 07.06.2023 and consequently, direct the first respondent to register the General Power of Attorney deed dated 07.06.2023.

2. The first respondent refused to register the General Power of Attorney deed stating that already an entry is available. If the present General Power of Attorney is entered and registered, the same would amount to a double entry. It is a settled proposition of law that the respondent cannot refuse registration even if it is a double entry.

3. The learned Counsel appearing for the petitioner relied upon the judgment passed in W.P.(MD)No.10691 of 2025 dated 17.04.2025, wherein it has been held as under:

" 4. The ground for refusal is that if the release deed executed by the respondents 2 to 11 is registered in favour of the petitioners 1 to 3, it might result in a double entry. The position of law, as regards double entry, has been settled by a decision of this Court in T.Senthilvel v.

The District Registrar (Administration), in W.P.(MD)No.22114 of 2024, dated 17.10.2024. A learned Single Judge of this 2/4

Court held therein that mereby because there is a double entry in respect of the subject property, registration cannot be refused.

5. Following the said judgment, the impugned order is quashed. There shall be a direction to the first respondent to register the release deed executed by the respondents 2 to 11 in favour of the petitioners 1 to 3 within a period of two weeks from the date of receipt of a copy of this order."

4. Therefore, the impugned refusal check slip dated 07.06.2023 is hereby quashed. The first respondent is directed to register the General Power of Attorney deed dated 07.06.2023. Further, it can be entered as a double entry which will be reflect in the Encumbrance Certificate also as double entry.

5. With the above said direction, this Writ Petition is disposed of. There shall be no order as to costs.

23.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr S.SRIMATHY , J.

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jbr To:

The Sub-Registrar, Pettai Sub-Registrar Office, Tirunelveli, Tirunelveli District.

ORDER MADE IN DATED : 23.06.2025 4/4