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Madras High CourtWP(MD)/35300/2025disposed of

S.Murugesan v. The Sub Registrar

2025-12-09Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2025

CORAM

THE HONOURABLE Mr. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.35300 of 2025 & W.M.P(MD)No.27985 of 2025 S.Murugesan

...Petitioner

vs.

The Sub Registrar, Sattur, Virudhunagar District.

...Respondent

Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of the proceedings of the respondent in Refusal Check Slip in RFL/Sattur/51/2025, dated 28.11.2025 and quash the same and consequently, direct the respondent to register the sale deed dated 28.11.2025 presented by the petitioner in respect of the property in S.No.363/7 to an extent of 0.41.0 Hectares (1.03 Acres) in Nalli Village, Sattur Taluk, Virudhunagar District. For Petitioner : Mr.K.Hemakarthikeyan For Respondent : Mr.K.S.Selvaganesan, Additional Government Pleader

ORDER

This Writ Petition has been filed challenging the impugned proceedings of the respondent in Refusal Check Slip in RFL/Sattur/51/2025, dated 28.11.2025 and to direct the respondent to register the sale deed dated 1/6

28.11.2025 presented by the petitioner in respect of the property in S.No. 363/7 to an extent of 0.41.0 hectares (1.03 acres) in Nalli Village, Sattur Taluk, Virudhunagar District.

2. The petitioner's vendor's vendor one Kanagaraj purchased the land in S.Nos.363/7 measuring 0.41.0 hectares (1.03 acres) and 363/3 measuring 0.84 hectares (2.07 1/2 acres) in Nalli Village, Sattur Taluk, Virudhunagar District on 20.02.2009. Subsequently, the petitioner's vendor one Ramakrishnan purchased the above land from Kanagaraj on 04.10.2010 in Document No.11 of 2010. One Ramasamy has filed a suit in O.S.No.82 of 2016 on the file of the District Munsif, Sattur in respect of the property in S.No.363/3 measuring 0.84 hectares (2.07 1/2 acres) in Nalli Village, Sattur Taluk, Virudhunagar District and the suit was decreed in favour of the plaintiff and the sale deeds dated 20.02.2009 and 04.10.2010 were set aside. Now, the petitioner intends to purchase the land in S.No.363/7 measuring 0.41.0 hectares (1.

03 acres) in Nalli Village, Sattur Taluk, Virudhunagar District alone and the petitioner's vendor Ramakrishnan executed a sale deed dated 28.11.2025 in favour of the petitioner. However, the respondent refused to register the same by citing the reason that the sale deed in Document No.11 of 2010 was set aside by the Distrcti Munsif, Sattur by Judgment and decree dated 12.10.2022 in O.S.No.82 of 2016.

3. The learned counsel for the petitioner would contend that the sale deeds 20.02.2009 and 04.10.2010 in respect of the property in S.No.363/7 measuring 0.41.0 hectares (1.03 acres) in Nalli Village, Sattur Taluk, Virudhunagar District holds good even today and there is no bar in Judgment and decree dated 12.10.2022 in O.S.No.82 of 2016 in respect of that property. Hence, he prayed for allowing this petition.

4. The learned Additional Government Pleader appearing for the respondent would submit that since the Judgment and decree in O.S.No.82 of 2016 on the file of the District Munsif, Sattur says sale deeds dated 20.02.2009 and 04.10.2010 are set aside, the respondent is not in a position to register the document presented by the petitioner and his vendor. However, he would submit that since the Judgment and decree is in respect of the property in S.No.363/3 measuring 0.84 hectares (2.07 1/2 acres) in Nalli Village, Sattur Taluk, Virudhunagar District alone, appropriate orders may be passed by this Court.

5. I have given due consideration to the submissions made on either sides.

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6. By citing the Judgment and decree dated 12.10.2022 in O.S.No.82 of 2016 on the file of the District Munsif, Sattur, the present sale deed dated 28.11.2025 was refused to be registered. However, the suit was filed by one Ramasamy, in respect of the property in S.No.363/3 measuring 0.84 hectares (2.07 1/2 acres) in Nalli Village, Sattur Taluk, Virudhunagar District alone. Therefore, the Judgment and decree in the above suit will not bind the property in S.No.363/7 measuring 0.41.0 hectares (1.03 acres) in Nalli Village, Sattur Taluk, Virudhunagar District and the petitioner and his vendor have presented the sale deed in respect of this Survey Number alone. Hence, I find no impediment for the respondent / Sub Registrar, Sattur to register the same.

7. In view of the above discussions, the impugned refusal check slip in RFL/Sattur/51/2025, dated 28.11.2025 is set aside and upon re-presentation of the sale deed by the petitioner and his vendor, the respondent / Sub Registrar, Sattur is directed to register the same forthwith, if it is in accordance with law.

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8. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 09.12.2025 Speaking / Non-speaking order Index : Yes/No NCC : Yes/No mbi To The Sub Registrar, Sattur, Virudhunagar District.

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KRISHNAN RAMASAMY, J.

mbi 09.12.2025 6/6