Madras High CourtWP(MD)/21387/2025dismissed

R.Nageshwari v. The Sub Registrar

2025-09-24Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.21387 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.21387 of 2025 R.Nageshwari ... Petitioner Vs.

1. The Sub Registrar, Nanguneri, Tirunelveli District.

2. S.Jeyasankar (R-2 is impleaded vide order dated 07.08.2025 in W.M.P.(MD)No.16894 of 2025.) ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the order of the respondent in refusal check slip vide RFL/Nanguneri/55/2025 dated 01.08.2025 and quash the same as illegal and consequently direct the respondent to register the document in TP/226972820/2025.

For Petitioner : Mr.N.Sundaresan For R-1 : Mr.G.V.Vairam Santhosh, Additional Government Pleader.

For R-3 : Mr.Babu Rajendran * * * 1/4

2 W.P.(MD)NO.21387 OF 2025

O R D E R

Heard both sides.

2. The petitioner wants to sell the petition-mentioned property. She executed sale deed dated 01.08.2025 in favour of one Senthilkumar. The document was presented for registration. The registering authority declined to register the document and issued the impugned refusal check slip. Challenging the same, this writ petition has been filed.

3. The petitioner had claimed title on the strength of the compromise decree dated 01.07.2023 made in O.S.No.92 of 2023 on the file of the III Additional District Judge, Tirunelveli. It is not in dispute that this decree has been set aside. In fact in the typed set of papers, what has been enclosed is the order dated 26.03.2024 made in W.P.(MD)No.26290 of 2023 (Sankaranarayanan Vs. The District Registrar, Tirunelveli District) directing registration of the said compromise decree. In fact, the learned counsel for the second respondent draws my attention to the order dated 07.03.2025 made in Rev.Aplc.(MD)Nos.21 & 33 of 2025 (P.S.Chandrasekara Raja Vs. 2/4

3 W.P.(MD)NO.21387 OF 2025 Sankaranarayanan) in which I had ordered that the earlier order dated 26.03.2024 made in W.P.(MD)No.26290 of 2023 (Sankaranarayanan Vs. The District Registrar, Tirunelveli District) cannot be acted upon. The writ petitioner also does not have any patta in her favour as on date. The civil suit filed by the writ petitioner is still pending. In these circumstances, the registering authority was justified in declining to register the document in question. The parties will have to work out their rights in the manner known to law. This writ petition stands dismissed. No costs. 24.09.2025 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

The Sub Registrar, Nanguneri, Tirunelveli District.

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4 W.P.(MD)NO.21387 OF 2025 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.21387 of 2025 24.09.2025 4/4