Selvi v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No. 19718 of 2025 Selvi ... Petitioner vs.

The Sub-Registrar, Kulathur Sub Registration Office, Pudukkottai 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 pertaining to the impugned Refusal Check Slip issue by the respondent vide RFL/Kulathur 63/2025 dated 29.05.2025 and quash the same as illegal and consequently directing the respondent to register the Relinquishment Deed presented by the petitioner dated 29.05.2025 within the time stipulated by this Court.

For Petitioner : Mr.B.Jameelarasu For Respondent : Mr.S.Saji Bino Special Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned refusal slip dated 29.05.2025 1/4

and consequently directing the respondent to register the Relinquishment Deed presented by the petitioner dated 29.05.2025 within the time stipulated by this Court.

2. The respondent, through the impugned order, stated that two transactions have already been entered.

3. The contention of the petitioner is that he is entitled to the ancestral property, for which he holds a valid patta. It is also submitted that the other persons who have registered documents have obtained pattas.

4. The learned Special Government Pleader appearing for the respondents submitted that if the release deed is registered, it would result in a double entry under the same certificate number. However, this Court has already held that double entry cannot be cited as a reason to refuse registration. If there is any rival claim, the appropriate remedy is to approach the Civil Court.

5. Accordingly, the impugned refusal check slip dated 29.05.2025 issued by the respondent is hereby quashed. The respondent is directed to register the Relinquishment Deed within a period of four weeks from the date of receipt of 2/4

a copy of this order. However, liberty is granted to the petitioner to approach the appropriate Civil Court to seek deletion of any existing entries. Further, both the petitioner and the rival claimant shall not encumber the property until the issue is resolved by the Civil Court.

6. With these directions and observations, this writ petition is Allowed. No Costs.

21.07.2025 NCC : Yes / No [2/2] Index : Yes / No Internet : Yes KSA To:

.

The Sub-Registrar, Kulathur Sub Registration Office, Pudukkottai District.

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S.SRIMATHY , J.

KSA ORDER MADE IN W.P(MD)No. 19718 of 2025 [2/2] DATED :21.07.2025 4/4