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Madras High CourtWP(MD)/20246/2025disposed of

J.Amalin Jeyaprince v. The District Registrar (Administration)

2025-07-25Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).Nos.15627 and 15629 of 2025 J.Amalin Jeyaprince ... Petitioner vs.

1. The District Registrar (Administration), Office of the District Registrar Office, Cheranmahadevi, Tirunelveli District.

2. The Sub Registrar, Office of the Sub Registrar Office, Mukkoodal, Tirunelveli District.

3. Pugal Nadar

...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 order passed by the 1st respondent vide his proceedings Appeal Petition No. 12/2022 dated 20.08.2024 confirming the impugned order passed by the 2nd respondent vide his proceedings in pending Doc.No. 14/2022 dated 31.10.2022 and quash the same as illegal and consequentially to direct the 2nd respondent to register the pending sale deed dated 23.05.2022 executed by the petitioner in favour of Sebastian Sudhakar in respect of the property in Survey No. 145/2A to an extent of 21 cents situated at Singamparai, Mukkoodal Village, 1/4

Cheranmahadevi Taluk, Tirunelveli District, within the time that may be stipulated by this Court.

For Petitioner : Mr.H.Mohammed Imran, for M/s.Ajmal Associates For Respondent : Mr.D.Sasikumar Additional Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to quash the impugned order passed by the 1st respondent vide his proceedings dated 20.08.2024 confirming the impugned order passed by the 2nd respondent vide his proceedings dated 31.10.2022 and consequently to direct the 2nd respondent to register the pending sale deed dated 23.05.2022 within the time that may be stipulated by this Court.

2. Based on the impugned order the 3rd respondent has already preferred an appeal and the same is pending. However, it is a settled preposition of law that based on protest petition the respondents cannot refuse for registration. Therefore, the impugned order is liable to be quashed. Moreover, the issue has already been settled by the Hon'ble Supreme Court of India in the case of Gopi vs. The Sub Registrar & Ors., in C.A. No. 3954 of 2025. 2/4

3. Accordingly, the impugned order passed by the 1st respondent dated 20.08.2024 is hereby quashed. The officials respondents are directed to register the document within a period of four weeks from the date of receipt of a copy of the order.

4. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

25.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA To:

1. The District Registrar (Administration), Office of the District Registrar Office, Cheranmahadevi, Tirunelveli District.

2. The Sub Registrar, Office of the Sub Registrar Office, Mukkoodal, Tirunelveli District.

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S.SRIMATHY , J.

KSA ORDER MADE IN DATED :25.07.2025 4/4