Gopal v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.17754 of 2025 and W.M.P(MD)No.13570 of 2025 Gopal ... Petitioner Vs

1. The Inspector General of Registration, O/o Inspector General of Registration, No.100, Santhome High Road, Chennai.

2. The Sub Registrar, Sub Registrar Office, Vasudevanallur, Tenkasi - District.

... 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, pertaining to the impugned order passed by this 2nd respondent, the Sub Registrar, Vasudevanallur, in the refusal check slip, vide Na.Ka.No. 143/Saa.Paa/Vasu/2025, dated 20.05.2025, and quash the same as not valid, and pass a direction to the 2nd respondent, to register the Rectification Deed, vide No. P15/2025, presented by this petitioner for registration, on 09.04.2025, within a time framed fixed by this Court.

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For Petitioner : Mr.F.X.Eugene For Respondents : Mr.G.Suriya Ananth, Additional Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned order passed by this 2nd respondent dated 20.05.2025 and seeking direction to the 2nd respondent to register the Rectification Deed dated 09.04.2025, within a time framed fixed by this Court.

2. Through the impugned order, the 2nd respondent has refused to register the rectification deed by citing objections raised by a third party.

3. It is a settled proposition that the registering officer cannot refuse to register the document by citing a third party objection. If at all there is any rival claim, the parties should approach the appropriate Civil Court. The 2nd respondent Sub Registrar cannot sit as Civil Court and decide the title. Therefore, the 2nd respondent cannot cite third party objection and refuse to register. Hence, the 2nd respondent is directed to register the Rectification Deed dated 09.04.2025 within a period of four weeks from the date of receipt of a copy of this order.

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

NCC : Yes / No 09.07.2025 Index : Yes / No Internet : Yes KSA To

1. The Inspector General of Registration, O/o Inspector General of Registration, No.100, Santhome High Road, Chennai.

2. The Sub Registrar, Sub Registrar Office, Vasudevanallur, Tenkasi - District.

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S.SRIMATHY , J.

KSA ORDER MADE IN W.P(MD)No.17754 of 2025 DATED : 09.07.2025 4/4