Karuppaiah v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Karuppaiah

...Petitioner

Vs.

1.The District Registrar, Office of the District Registrar, Ramanathapuram District - 623 501.

2.The Sub Registrar, Sub Registrar Office, Abiramam, Ramanathapuram District 623 601.

3.Kumarayee

4. Ramesh

5. Thirumurugan 6.Maris Kannan.

...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 entire relevant records related to the impugned Refusal Check Slip issued by the 2nd respondent in RFL/Abiramam/31/2025 dated 06.05.2025 and to quash the same as illegal and consequently, to direct the respondents to register the relinquish deed produced by the petitioner vide Temporary Acknowledgment Receipt No. TP/218715305/2025, dated 06.05.2025 within a stipulated time that may be fixed by this Court.

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For Petitioner : Mr.R.Senthil Kumar For R1 and R2 : Mr.S.Saji Bino Special Government Pleader For R3 to R6 : Mr.A.Arputharaj *****

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned refusal check slip issued by the 2nd respondent in RFL/Abiramam/31/2025 dated 06.05.2025 and consequently, to direct the respondents to register the relinquish deed produced by the petitioner vide Temporary Acknowledgment Receipt No. TP/218715305/2025, dated 06.05.2025 within a stipulated time that may be fixed by this Court.

2. It is the case of the petitioner that the petitioner's deceased father namely Dhanushkodi was having a land in Survey Number:229/1, Vazhimariththan Revenue Village, Ramanathapuram District, vide patta No:689, and he died leaving behind 10 legal heirs and a legal heir Certificate No: Ta.pa.No:R.dis.917-2018, dated: 13.02.2018 was issued. The said property is joint property of the all the legal heirs. One of the legal heirs, Chandran died on 14.02.2002. But the Chandran's wife Kumaryee claimed that an unregistered forged Will was executed in her name by Dhanuskodi on 02.03.2003. Based on that, the said Kumarayee had executed a settlement deed to her own sons namely 2/5

Ramesh, Thirumurugan and Mariskannan, vide Document No: 258/2015, dated 18.03.2015, in the 2nd respondent office. In the meanwhile, the petitioner had made a petition before the Paramakudi, Sub Collector, to cancel the false patta issued to 3rd respondent and the same was considered, vide Pa.mu(A3)6129-2023 and the false patta was cancelled and restored it in the original stage. 3.The five of the Dhanushkodi's legal heirs namely, Karuppaiah, Thavamani, Vasantha, Panjavarnam, and Devaki, had executed a release deed and relinquished their rights in the said property in favor of the one of the legal heirs namely Valarmathi which was executed in the 2nd respondent office, vide temporary acknowledgement Token No: No:TP/218715305/2025, dated: 06.05.2025.

But the same was refused and the impugned refusal slip was issued by the 2nd respondent, vide RFL/Abiramam/31/2025, dated 06.05.2025. 4.In the impugned order, the 2nd respondent stated that the Kumarayee made settlement deed in favor of her son, vide: 258/2015, dated 18.03.2015. The 2nd respondent has also stated that if they registered the petitioner's release deed, it will amount to double entry. 5.Merely because there is a double entry in respect of subject property, the registration cannot be refused.

the second respondent is quashed and the second respondent is directed to register the petition mentioned document within a period of four 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 property document. 6.With the above observations, this Writ Petition is allowed. No costs.

10.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To 1.The District Registrar Office of the District Registrar, Ramanathapuram District - 623 501.

2.The Sub Registrar Sub Registrar Office, Abiramam, Ramanathapuram District 623 601.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 10.07.2025 5/5