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Madras High CourtWA(MD)/1943/2025dismissed

C.Arasakumar v. The Sub Registrar

2025-07-22Honourable Mr Justice G.R.Swaminathan,Honourable Mr.Justice K.Rajasekar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P(MD)No.11084 of 2025 C.Arasakumar ... Appellant / Writ Petitioner Vs.

The Sub Registrar, Pudukottai Sub Registrar Office, Pudukottai SRO, Kumaragiri Village, Thoothukudi District - 628 103.

... Respondent / Respondent Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order dated 17.06.2025 in W.P(MD)No.16275 of 2025 on the file of this Court. For Appellant : Mr.A.S.Murugan For Respondent : Mr.G.Suriya Ananth Additional Government Pleader 1/4

JUDGMENT

(By G.R.SWAMINATHAN, J.) Heard both sides.

2.The appellant herein presented the petition mentioned power of attorney document for registration. The registering authority citing various reasons declined to entertain the document and issued the refusal check slip dated 10.06.2025. Challenging the same, W.P(MD)No.16275 of 2025 was filed. The learned single Judge disposed of the writ petition in the following terms:

"2. The objection of the respondent is that a joint Patta was issued by the Revenue Department to several persons, therefore, the identification of the property is in dispute.

3. The learned counsel for the petitioner submitted that she has already filed a petition before the Revenue Department seeking issuance of a separate Patta.

4. Considering the facts of the case, after obtaining separate Patta, the petitioner is directed to produce the general power of attorney to the respondent. On such receipt, the respondent is directed to consider the same in accordance with law. "

Aggrieved by the same, this Writ Appeal has been filed. 2/4

3.According to the appellant that based on the petition mentioned power of attorney, he merely proposes to conduct proceedings on behalf his wife before the revenue authority and if necessary file a civil suit in future. For this purpose, registration of the document is not necessary. The registering authority has given convincing reasons as to why he cannot entertain the document. That is why the learned single Judge relegated the petitioner to go before the revenue authority and re-present the document after obtaining separate patta. Interference with the said order is not warranted. 4.This Writ Appeal stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [K.R.S., J.] 22.07.2025 NCC : Yes / No Internet : Yes / No Index MGA G.R.SWAMINATHAN, J 3/4

and K.RAJASEKAR, J.

MGA To The Sub Registrar, Pudukottai Sub Registrar Office, Pudukottai SRO, Kumaragiri Village, Thoothukudi District - 628 103.

22.07.2025 4/4