Ganeshwari v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

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

1. The Sub Registrar, Sub Registrar Office Bodinacckanur, Theni District.

2. Shanmugamthai

3. Venakateshapandian

4. Kamaraj

5. Indurani

6. Vijayalakshmi

7. Chellapandian ... 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 passed by the first respondent in TP/227869701/2025 (Refusal No.RFL/Bodinaickkanur/14/2025) dated 31.07.2025 and quash the same as illegal, consequently direct the first respondent to register the sale deed dated 22.05.2025 submitted by the petitioner. 1/4

For Petitioner : K.Guhan For R-1 : Mr.G.Suriya Ananth Additional 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 31.07.2025 and consequently, direct the first respondent to register the sale deed dated 22.05.2025.

2. Through the impugned order, the first respondent has refused to register the sale deed on the ground that the petitioner is only a joint co-sharer, that he is holding a joint patta, and that he has not subdivided the land and obtained an individual patta.

3. This Court is of the considered opinion that a joint patta will not be a reason to refuse registration. The very same issue has already been considered by this Court in W.P.No.30246 of 2023 dated 11.07.2024. In respect of the very same survey number, the same share holder has filed another writ petition in W.P.(MD)No.4234 at 2025, dated 24.03.2025, wherein it was held that when the Sub-Registrar had accepted and registered the sale deed with respect to one 2/4

brother, it is not known why he is insisting upon a partition deed from the other brother. The said writ petition was allowed.

4. Therefore, following the above decisions, this Court is of the considered opinion that the first respondent cannot refuse registration of the document on the ground that that petitioner is a co-sharer or that the property stands in a joint patta. Accordingly, the impugned order is quashed. The first respondent is directed to register the sale deed within a period of four (4) weeks from the date of receipt of a copy of this order.

5. With the above said directions, this Writ Petition is allowed. There shall be no order as to costs.

08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr 3/4

S.SRIMATHY , J.

jbr To:

The Sub Registrar, Sub Registrar Office Bodinacckanur, Theni District.

ORDER MADE IN DATED : 08.08.2025 4/4