Karpagavalli v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2024

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD).Nos.19440 & 19441 of 2017 Karpagavalli

...Petitioner

Vs 1.The Sub Registrar, Mudhukulathur Sub Registrar Office, Ramanathapuram District.

2.The Tahsildar, Kamudhi Taluk, Kamudhi, Ramanathapuram District.

3. Manickam ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the Impugned Order passed by the first respondent in his proceedings No.11/17 dated 06.11.2017 and quash the same. 1/5

For Petitioner : Mr. P.Banuprasath For Respondents : Mr.M.Sarangan Additional Government Pleader for R1 & R2 Mr.Y.Prakash for R3

O R D E R

Heard Mr. P.Banuprasath, learned counsel for the petitioner, Mr.M.Sarangan, learned Additional Government Pleader for the respondents 1 and 2 and Mr.Y.Prakash, learned counsel for the 3rd respondent.

2. This Writ Petition had been filed challenging the order of the first respondent wherein he had rejected the protest petition submitted by the petitioner for registration of documents in respect of Survey No. 305/2A and 305/3 at Peraiyur Village, Kamudhi Taluk, Ramanathapuram District.

3. The issue involved in this Writ Petition is no more res integra. This Court has consistently held in various judgments that the registering 2/5

authority cannot refuse to register a document solely on the ground of objections from third parties regarding the execution of such documents. Instead, it has been held that the third party must approach the civil court in the manner prescribed by law. Hence, I do not find any infirmity in the order passed by the first respondent. If the petitioner is aggrieved by any transactions, they are at liberty to approach the appropriate civil court in the manner known to law.

4. With the above observations, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

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To:

1.The Sub Registrar, Mudhukulathur Sub Registrar Office, Ramanathapuram District.

2.The Tahsildar, Kamudhi Taluk, Kamudhi, Ramanathapuram District.

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K.KUMARESH BABU , J.

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