K.Prema v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.15480 of 2025 K.Prema ... Petitioner Vs

1. The Sub Registrar, Registration Department, Aranthangi, Pudukkottai District.

2. K.Sekar

3. K.Ramasamy

4. A.Jahir Hussain ... Respondents 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 relating to the impugned refusal slip in RFL/Aranthangi/Book2/1 dated 23.06.2025 issued by the first respondent, quash the same as illegal and consequently direct the first respondent to register and return the power of attorney deed dated 16.06.2025 executed by the petitioner with respect to an extent of 3.5 Arce and 350 Sq.mt. of land in S.F.No.123/1, (Ward-B Block No. 17, 1/4

T.S. No. 7/1) of Gopalasamuthram Village, Aranthangi Taluk, Pudukkottai District, within time frame as fixed by this Court. For Petitioner : Mr.M.Suresh For R-1 : Mr.D.Sasi Kumar Additional Government Pleader

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 23.06.2025 and consequently, direct the first respondent to register and return the Power of Attorney Deed dated 16.06.2025 executed by the petitioner.

2. Through the impugned order, the first respondent refused to register the petitioner's document on the ground that some documents had already been registered in respect of the same property. Therefore, if the petitioner's document is registered then it would amount to a double entry. Further, the first respondent stated that the extent of the property is not mentioned in the Will.

3. The respondent cannot go into the details of property while considering the document for registration. Hence the refusal on the ground that extent of the 2/4

property not mentioned is erroneous and the same is liable to be rejected

4. The issue of double entry has already been considered by this Court in the case of T.Senthilvel Vs. The District Registrar and others in W.P.(MD)No. 22114 of 2024 dated 17.10.2024, wherein, the Hon'ble Single Judge held that based on double entry, the respondent cannot refuse registration.

5. Therefore, based on the reasons stated supra and by following the said judgment, the impugned refusal check slip is hereby quashed. The first respondent is directed to register the petitioner's document, within a period of four

(4) weeks from the date of receipt of a copy of this order.

6. With the above said directions, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 23.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr 3/4

S.SRIMATHY , J.

jbr To:

The Sub Registrar, Registration Department, Aranthangi, Pudukkottai District.

ORDER MADE IN DATED : 23.07.2025 4/4