S.Chitradevi v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.Chitradevi .. Petitioner Vs.

1. The District Registrar, Registration Department, Dindigul District, Dindigul.

2. The Joint Sub-Registrar No.II, Sub-Registrar Office No.II, Dindigul District.

.. 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 of the 2nd respondent's impugned order in Refusal Number in RFL/2 Joint Sub Registrar Office/83/20205 dated 25.07.2025 and quash the same and consequently directing the 2nd respondent to register the deed executed by the petitioner. For Petitioner : Mr.P.Manikandan For Respondents : Mr.G.Suriya Ananth Additional Government Pleader for R1 & R2 1/4

ORDER

This writ petition has been filed for a Certiorarified Mandamus to call for the records of the 2nd Respondent's impugned order in RFL/2 Joint Sub Registrar Office/83/20205 dated 25.07.2025 and quash the same as illegal and consequently directing the 2nd respondent to register the deed executed by the petitioner.

2. Through the impugned order, the respondents have stated that there is an attachment by the competent Civil Court vide order dated 24.01.2023 which was informed to the Registering Officer and the same has been registered in ;Mtz vz;/6. 2024 dated January 29, 2024 before the registering authorities. By citing the same, the respondents are refusing to register.

3. The learned counsel appearing for the petitioner submitted that even though there is a decree, but in the execution petition, the same was not processed and EP was dismissed. Moreover, the same cannot be cited to refuse the registration by the registering authorities, for which he has relied upon the Judgment of this Court in the case of S.Praveen Bohra vs. Joint-I Sub-Registrar (In the Cadre of District Registrar) reported in 2016 (3) CTC 493, where it has been held order of attachment cannot be a bar from registering the property. 2/4

Therefore, by following the same, this Court is also of the considered opinion, mere attachment by the civil court, the Registering Authority cannot refuse the registration. Hence, the impugned order is quashed. However, while registering, there shall be remarks regarding the attachment in the civil court case.

4. Therefore, the writ petition stands allowed by directing the 2nd respondent to register the Sale Deed executed by the petitioner within a period of four (4) from the date of receipt of a copy of this order. No costs. 05.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PJL To

1. The District Registrar, Registration Department, Dindigul District, Dindigul.

2. The Joint Sub-Registrar No.II, Sub-Registrar Office No.II, Dindigul District.

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S.SRIMATHY , J.

PJL ORDER MADE IN DATED : 05.08.2025 4/4