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Madras High CourtWP(MD)/19333/2025disposed of

Sutha v. The District Registrar

2025-07-17Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Sutha ... Petitioner Vs.

1.The District Registrar O/o. District Registrar, Trichy District.

2.The Sub-Registrar Sub Registrars Office, Thiruverumbur, Trichy. ...Respondents 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 No.RFL/Thiruverumbur/247/2025 dated 07.07.2025 issued by the 2nd respondent herein, to quash the same as illegal and consequently to direct the 2nd respondent herein to register the sale deed dated 25.06.2025 within a stipulated period fixed by this Court.

For Petitioner : Mr.A.Arunraj For Respondents : Mr.S.Suriya Ananth Additional Government Pleader 1/5

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 07.07.2025 issued by the 2nd respondent herein, and consequently to direct the 2nd respondent to register the sale deed dated 25.06.2025 within a stipulated period fixed by this Court.

2. Through the impugned order, the 2nd respondent has refused to register the deed, stating that in the year 2006, the petitioner's vendor purchased the property. Subsequently, the petitioner's husband purchased the property, and thereafter, the petitioner's vendor executed a release deed, registered as Document No. 3621/2011. Therefore, due to multiple entries, the 2nd respondent has refused to register the deed.

3. The contention of the petitioner is that her husband purchased the property and was in possession and enjoyment of it. After his demise, the petitioner inherited the property as his legal heir. She is now entitled to sell the property to a third party. The 2nd respondent has refused to register the sale, citing the release deed in Document No. 3621/2011. This cannot be accepted, as the petitioner has already acquired the property, and the said entry ought to have been deleted. The 2nd respondent ought not to have entered the release deed. 2/5

4. Considering the facts of the case, this Court is of the considered opinion that the 2nd respondent cannot act as a Civil Court and decide the title of the property. Even though there are multiple entries, the 2nd respondent cannot refuse to register the deed. Therefore, the impugned refusal slip is liable to be set aside.

5. Accordingly, the impugned refusal slip issued by the 2nd respondent dated 07.07.2025 is hereby quashed. The 2nd respondent is directed to register the sale deed dated 25.06.2025 within a period of four weeks from the date of receipt of a copy of the order. However, the purchaser is at liberty to approach the appropriate civil Court to delete the release deed document No.3621/2011, if so advised.

6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

17.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA 3/5

To:

1.The District Registrar O/o. District Registrar, Trichy District.

2.The Sub-Registrar Sub Registrars Office, Thiruverumbur, Trichy.

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S.SRIMATHY , J.

KSA ORDER MADE IN DATED : 17.07.2025 5/5