Valliammai v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)Nos.20441 of 2025 Valliammai ... Petitioner vs.

1. The District Registrar, Sivagangai District.

2. The Joint Sub-Registrar No.2 Karaikudi, Sub-Registrar Office, Sivagangai District.

3. The Revenue Divisional Officer, Devakottai, Sivagangai District.

4. R.Malaikannan

...Respondents

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 pertaining to the impugned Refusal check slip in RFL/2 No Joint Sub-Registrar Karaikudi /10/2025 dated 17.07.2025 passed by the 2nd respondent and quash the same as illegal and consequently to direct the respondent No.2 to register the sale deed presented by the petitioner in Pending Doc.No. TP/226596779/2025 dated 17.07.2025 within time stipulated by this Court. 1/4

For Petitioner : Mr.K.Dinesh For Respondents : Mr.D.Sasikumar Additional Government Pleader, for R-1 to R-3

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 17.07.2025 passed by the 2nd respondent and consequently to direct the respondent No.2 to register the sale deed presented by the petitioner in Pending Doc.No. TP/226596779/2025 dated 17.07.2025 within time stipulated by this Court.

2. The learned Additional Government Pleader appearing for the official respondents submitted that a third party has objected to register the document. The objector stated that the petitioner based on the patta is claiming title over the property. Hence, the objector has approached the revenue authorities to cancel the patta and the same is pending. Therefore, the objector has filed protest petition.

3. It is a settled proposition that the registering officer cannot refuse to register the document by citing a third party objection. If at all there is any rival claim, the parties should approach the appropriate Civil Court. The respondent Sub Registrar cannot sit as Civil Court and decide the title. As on date 2/4

there is no suit or any injunction/interim injunction order restraining from registration. Therefore, the impugned order issued by the official respondents is erroneous and is total non application of mind. Therefore, the official respondents cannot cite the same reason and refuse to register. Hence, the official respondents are directed to register the sale deed 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.

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

1. The District Registrar, Sivagangai District.

2. The Joint Sub-Registrar, No.2 Karaikudi, Sub-Registrar Office, Sivagangai District.

3. The Revenue Divisional Officer, Devakottai, Sivagangai District.

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S.SRIMATHY , J.

KSA ORDER MADE IN DATED :25.07.2025 4/4