K.Bhakyanathan v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.14787 of 2025 K.Bhakyanathan ... Petitioner Vs The Sub Registrar, O/o.The Sub Registrar, Kodaikanal, Dindigul District.

... Respondent 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 of the respondents particularly that of the impugned communication in RFL/Kodaikanal/90/2025 dated 29.03.2025 and quash the same as illegal, unlawful without jurisdiction and against the principles of natural justice and consequently direct the respondent to register the document presented by the petitioner in respect of the land in Survey No. S.No.945/10 and 945/9 an extent of 26.50 cents and 44.5 cents respectively situated at Kookal village, Kodaikanal Taluk, Dindigul District, vide joint Patta Nos. 1075 and 3104 respectively. 1/4

For Petitioner : Mr. K.Anandan For Respondent : Mr.S.Kameshwaran Government Advocate.

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned refusal check slip dated 29.03.2025 and consequently direct the respondent to register the document presented by the petitioner in respect of the land in Survey no. S.No.945/10 and 945/9 an extent of 26.50 cents and 44.5 cents respectively situated at Kookal village, Kodaikanal Taluk, Dindigul District, vide joint Patta Nos. 1075 and 3104 respectively.

2. Through the impugned order, the respondent has stated that the land in question belongs to several other persons and that Patta No.1075 stands in Kasimandi Alagar, while the petitioner is only having a computer patta. Therefore, the respondent raised that the petitioner does not having valid title. Hence, he has refused to register the document.

3. On instructions, the petitioner has produced a family settlement deed of the year 1983 entered among the parties. However, the said document was not 2/4

presented before the authorities while considering the petitioner's registration deed. In view of the same, the impugned order is quashed. The petitioner is directed to produce the said family settlement before the authorities. On such production, the respondent shall consider the same and pass appropriate orders in accordance with law, without raising any dispute regarding title. It is made clear that the registering authority cannot sit as a Civil Court and decide the title disputes.

4. With the above said directions, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 18.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

The Sub Registrar, O/o.The Sub Registrar, Kodaikanal, Dindigul District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 18.07.2025 4/4