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Madras High CourtWP(MD)/21764/2025allowed

Ester Gunasingam v. The Sub Registrar

2025-08-08Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.16851 of 2025

1. Ester Gunasingam

2. Jayalani Gunasingam

3. G.Jayanthi

4. Christiana ... Petitioners Vs The Sub Registrar, Alangulam, Tenkasi District.

... Respondent 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 with the refusal check slip issued by the respondent in RFL/Alangulam/99/2025, dated 25.07.2025 and quash the same as it is illegal and in consequence to direct the respondent to register the release deed dated 25.07.2025 produced by petitioner and to release the same after completing necessary formalities within a time frame to be stipulated by this Court. 1/4

For Petitioner : Mr.M.Rajesh For Respondent : Mr.S.Saji Bino Special 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 25.07.2025 and consequently, to direct the respondent to register the release deed dated 25.07.2025.

2. Through the impugned order, the respondent has stated that several lands were sold under Document Nos.7550/2011, 247/2012, 249/2012 and 248/2012. Therefore, the respondent is not able to ascertain the original owner and there is a confusion with respect to the title.

3. It is a settled proposition of law that the registering authority cannot adjudicate disputes relating to title. The reasoning given in the impugned order, namely that the title could not be traced, clearly indicates that the respondent has attempted to resolve a title dispute, which is beyond his jurisdiction. Hence, the impugned refusal check slip is quashed. The respondent is directed to register the release deed within a period of four (4) weeks from the date of receipt of a copy 2/4

of this order.

4. With the above said direction, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

The Sub Registrar, Alangulam, Tenkasi District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 08.08.2025 4/4