Mahesh v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :10.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.17596 of 2025 Mahesh ... Petitioner vs.

1. The District Registrar, District Registrar Office, Thoothukudi District.

2. The Sub Registrar, Sub Registrar Office, Ottapidaram, Thoothukudi District. ...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Madnamus, calling for the records relating to impugned refusal check slip vide Refusal Number RFL/Ottapidaram/37/2025 dated 16.06.2025 issued by the 2nd respondent in respect of lands in S.No.25/1, Ottapidaram Village, Ottapidaram Taluk, Thoothukudi District belonging to the petitioner herein and quash the same and consequently direct the 2nd respondent to register the sale deed dated 16.06.2025 executed by the petitioner.

For Petitioner : Mr.V.R.Shanmuganathan For Respondents : Mr.S.Saji Bino, Special Government Pleader 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Madnamus to quash the impugned refusal check slip dated 16.06.2025 issued by the 2nd respondent and consequently direct the 2nd respondent to register the sale deed dated 16.06.2025 executed by the petitioner.

2. In the impugned order, the 2nd respondent has stated that one Uma Devi filed an objection. Pursuant to this objection, the patta standing in the name of the petitioner was cancelled.

3. The learned counsel appearing for the petitioner submitted that the patta still stands in the petitioner's name and that the objection filed by the third party is incorrect. He further submitted that the petitioner had purchased the property, and the sale document was duly registered. Since the petitioner's name appears in the encumbrance certificate, the objection raised by the third party cannot be entertained.

4.After hearing the rival submissions, this Court is of the considered opinion that the third-party objection cannot be entertained. If the third party has any grievance, then they ought to approach the appropriate civil court to establish their rights. The respondents cannot act as a civil court and decide the issue of title.

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5. Therefore, the impugned refusal check slip dated 16.06.2025 issued by the 2nd respondent is hereby quashed. The 2nd respondent is directed to register the sale deed dated 16.06.2025, within a period of four weeks from the date of receipt of a copy of the order.

6. With these observations, this writ petition is allowed. No Costs. 10.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA To:

1. The District Registrar, District Registrar Office, Thoothukudi District.

2. The Sub Registrar, Sub Registrar Office, Ottapidaram, Thoothukudi District.

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S.SRIMATHY , J.

KSA ORDER MADE IN DATED :10.07.2025 4/4