Jeyaraj P v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY P.Jeyaraj .. Petitioner Vs.

The Sub Registrar, Saanarpatti Sub Registrar Office, Saanarpatti, Dindigul District.

.. Respondent PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Ceritiorarified Mandamus, to call for impugned order passed by the respondent in RFL/Sanarpatti/51/2025, dated 10.06.2025 and quash the same and consequently, direct the respondent to register the document dated 10.06.2025 pertaining to property bearing S.F.No.264/3B having an extent of 1 acre 1 cent situated Kuvanuthu Village, Dindigul East Taluk, Dindigul District, within the time stipulated by this Court. For Petitioners : Mr.A.Arul Jenifer For Respondents : Mr.S.Saji Bino Special Government Pleader 1/4

ORDER

This Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to quash the impugned order passed by the respondent in RFL/Sanarpatti/51/2025, dated 10.06.2025 and consequently, direct the respondent to register the document dated 10.06.2025 pertaining to property bearing S.F.No.264/3B having an extent of 1 acre 1 cent situated Kuvanuthu Village, Dindigul East Taluk, Dindigul District, within the time stipulated by this Court.

2. It is the case of the petitioner that originally the petitioner's grandmother namely, Perumayeeammal, has purchased the lands measuring 1 acre and 4 cents in Survey No.264/3, situated at Kuvanuthu Village, Dindiugul East Taluk, Dindigul District vide registered Doc No.890/1983, dated 08.11.1983. Subsequently, on 16.02.2010, the said Perumayeeammal has settled the half share in the above property in favour of her son namely, Sangili vide Doc No.469/2010. Likewise, another half share in the above property has also been settled in favour of grandson namely, Pandian son of Paulraj, vide Doc No.470/2010. Thereafter, the said Sangili had executed sale deed to an extent 50.5 cents in favour of the petitioner's mother vide Doc.No.846/2012 dated 08.03.2012 and the said Pandian had executed sale deed to an extent of 50.5 cents in favour of the petitioner's mother vide Doc.No.854/2012 dated 09.03.2012. Thereafter, the petitioner's 2/4

mother has decided to execute the settlement deed dated 10.06.2025 and the same was presented before the respondent for registration. The respondents refused to register on the ground that there was double entry in respect of the subject property as early as 11.12.1992 vide Sale Deed in Doc No.1954/1992.

3. It is seen the petitioner's grandmother had purchased the subject property from the original owner, prior to the above double entry. It is settled law that based on double entry in respect of same property, the registration of document cannot be refused. Hence, the impugned order passed by the respondent in RFL/ Sanarpatti/51/2025, dated 10.06.2025 is hereby quashed and this Writ Petition is allowed. The respondent is directed to register the petition mentioned document dated 10.06.2025 within a week 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 documents, if so advised. No costs. 04.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes vsg To The Sub Registrar, Saanarpatti Sub Registrar Office, Saanarpatti,Dindigul District.

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S.SRIMATHY , J.

vsg ORDER MADE IN DATED : 04.07.2025 4/4