Muthukumar K v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.15340 of 2025 K.Muthukumar ... Petitioner Vs.

The Sub Registrar, Manamadurai, Sivagangai 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 of the impugned refusal check slip No.8/2025 dated 02.07.2025 on the file of the respondent and quash the same and further directing the respondent to receive and register the Settlement Deed dated 02.06.2025 executed by the petitioner. For Petitioner : Mr.K.Chengizkhan For Respondent : Mr.S.Kameswaran Government Advocate 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned refusal check slip No.8/2025 dated 02.07.2025 on the file of the respondent and consequently, directing the respondent to register the settlement deed dated 02.06.2025 executed by the petitioner.

2. Through the interim order, the respondent has stated that the property is covered under litigation for which the Hon'ble Supreme Court has appointed Justice R.M.Lodha Committee and the committee has directed several Sub Registrars not to register certain properties for which a list of properties has been issued.

3. The learned counsel for the petitioner submitted that in the list of properties, there is a mistaken identity where the petitioner's property is situated in Vannathan Village, Thenavarayan Pudukottai Group of Manamadurai Taluk, Sivagangai District, however, in the list of properties which are prohibited from registering is sitauted in Pudukottai village not in Thenavarayan Pudukottai Group of Manamadurai Taluk. Therefore, there is a discrepancy in the identification of the property and further, the respondent has not granted any opportunity to the petitioner to explain the above discrepancy. 2/4

4.In view of the above, the impugned order dated 02.07.2025 is quashed. The matter is remitted back to the authorities. The respondent shall give personal hearing to the petitioner. On such hearing, the petitioner is at liberty to explain the issue before the authorities and after considering the explanation, the authorities shall pass appropriate orders. The said exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. 5.With the above observations, this writ petition is allowed. No Costs. Consequently, connected miscellaneous petition is closed. 04.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PJL To:

1.The Sub Registrar, Manamadurai, Sivagangai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

S.SRIMATHY , J.

PJL ORDER MADE IN DATED : 04.08.2025 4/4