R.Aadhinarayanan v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY R.Aadhinarayanan ... Petitioner Vs.

The Sub-Registrar, Valliyur, Tirunelveli District. ...Respondent 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 records relating to the impugned refusal check slip issued by the respondent in refusal number RFL/Valliyur/30/2025 dated 16.06.2025 and to quash the same as illegal, arbitrary, without jurisdiction and in violation of the provisions of the Registration Act, 1908 and consequently, to direct the respondent to register the sale deed dated 16.06.2025 executed by the petitioner upon re-presentation within stipulated time fixed by this Court.

For Petitioner : Mr.B.Saravanan Senior Counsel for M/s.B.Saravanan Associates For Respondent : Mr.D.Sasikumar Additional Government Advocate ***** 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash for the impugned refusal check slip issued by the respondent in refusal number RFL/Valliyur/30/2025 dated 16.06.2025 and consequently, to direct the respondent to register the sale deed dated 16.06.2025 executed by the petitioner upon re-presentation within stipulated time fixed by this Court.

2.Through the impugned order, the respondent has refused to register stating that a sale deed has already been executed prior to 16-06-2025. Therefore, the respondent has refused to register it.

3.The learned Counsel appearing for the petitioner submitted that the petitioner is having possession of the documents right from 1948 and the petitioner's grandfather is in possession of the properties. 3.The learned Additional Government Pleader appearing for the respondent submitted that there are several entries regarding the said sale deed. 4.Therefore, this Court is of the considered opinion that the respondent cannot sit over as Civil Court and decline to register the same. The 2/4

respondent is directed to register the sale deed and mark a contra entry in the register and release the document. However, it is left open to the parties to approach the competent Civil Court.

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

02.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To:

The Sub-Registrar, Valliyur, Tirunelveli District.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 02.07.2025 4/4