Kuthalingam v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD).No.16463 of 2025 Kuthalingam ... Petitioner -vs1. The District Registrar, District Registrar Office, Tenkasi, Tenkasi District.

2. The Sub Registrar Joint-II, Sub Registrar Office, Tenkasi, Tenkasi 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 pertaining to Impugned Refusal Check Slip in Refusal Number:RFL/2 No.Joint Sub-Registrar Tenkasi/89/2025 dated 12.06.2025 was issued by the 2nd respondent and quash the same as illegal and consequently directed the 2nd respondent to register the petitioner's settlement deed dated 09.04.2025.

For Petitioner : Mr.M.Karuppasamy For Respondent : Mr.D.Sasikumar Additional Government Pleader 1/4

ORDER

The present writ petition is filed for a Mandamus to quash the impugned refusal check slip dated 12.06.2025, directing the respondent to register the Settlement Deed dated 09.04.2025.

2. Through the Impugned Order, the respondents have stated that the petitioner has incorrectly stated the extent of the property.

3. The learned Additional Government Pleader appearing for the respondents upon written instructions submitted that the petitioner is entitled to 32 cents for which he is having parent document. However, for the remaining 19 cents, the petitioner is claiming right through the joint patta. In the Joint Patta, the total extent is 1 acre and 70 cents i.e., 77.69 ares. Hence, the petitioner is entitled to a lesser extent of land.

4. The learned counsel appearing for the petitioner would submit that even if it is a Joint Patta, the respondent cannot refuse registration. For which the petitioner has relied upon the judgment of this Court in the case of Subramani vs. The Sub Registrar and Others, reported in 2/4

W.P.No.11056 of 2024 dated 26.04.2024, wherein it is stated that title disputes cannot be entertained by the Registration Department and they are bound to register the documents even if it is not sub divided and earmarked.

5. Therefore, this Court is of the considered opinion that the respondents cannot refuse registration based on the above ground. Hence, the impugned order dated 12.06.2025 stands quashed. Accordingly, the writ petition stands allowed by directing the respondents to register the sale deed/document within a period of four weeks from the date of receipt of a copy of this order. However, the respondent shall make a remark that for 19 cents the petitioner is holding joint patta.

6. With the above observations and directions, the writ petition stands allowed. No costs.

05.08.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/4

S.SRIMATHY, J.

rgm To

1. The District Registrar, District Registrar Office, Tenkasi, Tenkasi District.

2. The Sub Registrar Joint-II, Sub Registrar Office, Tenkasi, Tenkasi District.

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