B.Rajarajeshwari v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY B.Rajarajeshwari ... Petitioner Vs The Sub-Registrar, (Position of District Registrar), Mathakupatti Sub-Registrar's Office, Sivagangai Taluk, Sivagangai.

... Respondent 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 the impugned Refusal Check Slip Number. RFL/Mathakupatti/16/2025 dated 23.04.2025 passed by the respondent and quash the same as illegal, consequently directing the respondent to register the Release deed 21.01.2025 presented by the petitioner.

For Petitioner : Mr.V.Janakiramulu For Respondent : Mr.G.Suriya Ananth 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 23.04.2025 and consequently direct the respondent to register the release deed 21.01.2025 presented by the petitioner.

2. The respondent refused to register the release deed, citing that one C.Arunachalachetiyar had executed a registered Power of Attorney deed vide Document No.1273 of 2023. Based on the Power of Attorney, four sale deeds were executed. Subsequently, the said Power of Attorney was cancelled, however, the sale deeds executed pursuant to it were not cancelled. Such objection cannot be raised, as the respondent is not empowered to examine or adjudicate the title of the property. The respondent has statutory power only to register the sale deed after identifying the parties.

3. Therefore, the impugned refusal check slip is erroneous due to non application of mind. Hence, the impugned order is quashed. The respondent is directed to register the release deed dated 21.01.2025, within a period of four (4) weeks from the date of receipt of a copy of this order. 2/4

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

25.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

The Sub-Registrar, (Position of District Registrar), Mathakupatti Sub-Registrar's Office, Sivagangai Taluk, Sivagangai.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 25.06.2025 4/4