Radhakrishnan v. The Sub-Registrar Joint-3

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :01.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Radhakrishnan ... Petitioner vs.

1. The Sub-Registrar Joint-3, Joint - 3, Sub Registrar Office, Trichy District.

2. The Branch Manager, Kotakl Mahindra Bank, Office at 5th Floor A Wing, Samson Towers, Pantheon Road, Egmore, Chennai 600 008.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to quash the records relating to the impugned refusal cheque slip No. RFL/Joint 3 Sub - registrar Trichy/108/2025 dated 16.06.2025 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.

For Petitioner : Mr.V.G.Vallarasu Chezhiyan For R1 : 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 records relating to the impugned refusal cheque slip No. RFL/Joint 3 Sub - registrar Trichy/108/2025 dated 16.06.2025 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.

2. Through the impugned order, the 1st respondent has stated that the petitioner's vendor had earlier obtained a loan from the 2nd respondent. However, the petitioner has not executed any sale deed in favor of the 2nd respondent. Subsequently, the 2nd respondent issued an objection letter requesting that no documents related to the suit property be registered. Such a reason in the refusal slip by the 2nd respondent cannot be entertained. If the 2nd respondent is aggrieved by the registration, the appropriate remedy lies in approaching the Civil Court or the Debt Recovery Tribunal. But, no such action has been initiated by the 2nd respondent.

3. Accordingly, the impugned refusal slip issued by the 1st respondent dated 16.06.2025 is quashed. The 1st respondent is directed to register the sale deed within a period of four weeks from the date of receipt of a copy of the order. 2/4

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

01.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA To:

1. The Sub-Registrar Joint-3, Joint - 3, Sub Registrar Office, Trichy District.

2. The Branch Manager, Kotakl Mahindra Bank, Office at 5th Floor A Wing, Samson Towers, Pantheon Road, Egmore, Chennai 600 008.

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S.SRIMATHY , J.

KSA ORDER MADE IN DATED :01.07.2025 4/4