Rajasuresh Mp v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY M.P.Rajasuresh ... Petitioner Vs.

The Sub-Registrar, Manachanallur, Trichy 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 vide Refusal No.RFL/Manachanallur/155/2025 dated 19/06/2025 and to quash the same as illegal and consequently, to direct the respondent to register the document dated 19.06.2025 presented by the petitioner.

For Petitioner : Mr.D.Saravanan 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 issued by the respondent vide Refusal No.RFL/Manachanallur/155/2025 dated 19/06/2025 and consequently to direct the respondent to register the document dated 19.06.2025 presented by the petitioner.

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2.Through the impugned order, the the respondent has refused to register stating that that the land is not available in the survey numbers, by referring to the circular, dated 24.04.2012. In the circular, dated 25.04.2012, it has been stated as under:

"However, it is brought to the knowledge that documents are being registered without proper verification of title deeds and other original relevant documents, which leads to the fraudulent registration." This sentence of the circular would clearly indicate that the respondent is sitting over as a Civil Court and is directing the Sub Registrars to verify the title deeds which is totally against several judgments rendered by this Court. 3.The Registration Department cannot sit as a Civil Court and determine the title. Therefore, by citing such a circular, the respondent cannot refuse registration. Even if the total extent of 2 acres 78 cents is not available, that is not the concern of the registering authority. The registering authority is bound by the Act to verify and identify the identification of the parties alone. Even if the petitioner wants to register more than 2 acres 78 cents, that is not the concern of the registering authority.

4.Therefore, these reasons cited to refuse registration are totally absurd, erroneous and non application of mind. Hence, the impugned refusal 2/4

check slip is quashed and the respondent is directed to register the document within a period of four weeks from the date of receipt of a copy of this order. 4.With the above observations, this Writ Petition is allowed. There shall be no order as to costs.

18.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To The Sub-Registrar, Manachanallur, Trichy District.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 18.07.2025 4/4