Mohankumar R v. The Sub-Registrar

1 W.P.(MD)NO.32805 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.32805 of 2025 R.Mohankumar ... Petitioner Vs.

1. The Sub Registrar, Devakottai, Sivagangai District.

2. The District Registrar, Sivagangai District.

... 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 relating to the refusal check slip dated 27.10.2025 in RFL/Devakottai/12/2025 issued by the first respondent and quash the same and direct the first respondent to register the sale deed 24.10.2025 executed in favour of the petitioner.

For Petitioner : Mr.M.Rajaraman For R-1 & R-2 : Mr.M.Senthil Ayyanar, Government Advocate.

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2 W.P.(MD)NO.32805 OF 2025

O R D E R

Heard both sides.

2. Sale deed dated 24.10.2025 executed in favour of the writ petitioner was presented for registration. Registration was refused on the ground that the death certificate and the legal heir certificate were not produced.

3. Challenging the stand of the respondents, this writ petition has been filed.

4. The property in question stood in the name of Thiru.Ramanathan Chettiar. He had purchased the property vide sale deed dated 12.05.2003(document No.1004/2003) from the legal heirs of one Kuppusamy Chettiar. The revenue record post such transaction reflects the name of Ramanathan Chettiar. Ramanathan Chettiar passed away in the year 2012. His death certificate as well as the legal heir certificate have been enclosed in the typed set of papers. In fact, they have been produced before the authority also. 2/4

3 W.P.(MD)NO.32805 OF 2025 The legal heirs of the said Ramanathan Chettiar had executed the said sale dated dated 24.10.2025.

5. While so, the registering authority cannot insist on production of the Death certificate of Kuppusamy Chettiar. Kuppusamy Chettiar had purchased way back in the year 1935. The stand of the registering officer is not reasonable to say the least. The property changed hands in 2003. Thus, there is no point in going back to history. The registering officer did not choose to raise any objection when the legal heirs of Kuppusamy Chettiar executed sale deed in favour of Ramanathan Chettiar. Therefore, the said objection cannot now be raised. The impugned refusal check slip is quashed. The parties are permitted to re-present the document in question and the same shall be registered and released subject to fulfilment of the other usual formalities. This writ petition stands allowed. No costs.

18.11.2025 NCS : Yes / No Index : Yes / No Internet : Yes/ No 3/4

4 W.P.(MD)NO.32805 OF 2025 PMU G.R.SWAMINATHAN,J.

PMU To:

1. The Sub Registrar, Devakottai, Sivagangai District.

2. The District Registrar, Sivagangai District.

W.P.(MD)No.32805 of 2025 18.11.2025 4/4