N.Mangai v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN N.Mangai ... Petitioner /Vs./ The Sub Registrar, Velipattinam Sub Registrar Office, Velipattinam, Ramanathapuram District.

... Respondent P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for records pertaining to the impugned Refusal Check Slip issued by the respondent in Refusal No. RFL/Velipattinam/37/2024 dated 05.08.2024 quash the same as illegal arbitrary and violation of principles of natural justice and consequently directing the respondent to register the petitioner's above documents.

For Petitioner : Mr.K.Sathya Singh For Respondent : Mr.D.Sadiq Raja Additional Government Pleader 1/4

ORDER

This writ petition has been filed challenging the refusal check slip issued by the respondent dated 05.08.2024, thereby refused to register the sale deed presented by the petitioner.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. The petitioner claims to be the owner of the property comprised in S.No.165/2 under patta No.792, to an extent of 2 Acres 49 cents situated at Palankulam Village, Velipattinam, Ramanathapuram Taluk, Ramanathapuram District, by way of patta. Except patta, there is no other document to show that the petitioner is the owner of the property. However, on the strength of the patta, she executed a sale deed in favour of one G.Dhanasekaran, on the ground that the subject property was already dealt with under document No.2385/2006. Therefore, the petitioner has no title over the subject property and as such, it was refused to register by the respondent.

2/4

4. The learned counsel for the petitioner would submit that the subject property was assigned in favour of the petitioner and subsequently, she was issued patta vide patta No.792. Therefore, the petitioner had valid title and executed sale deed in favour of one Dhanasekaran.

5. On instructions from the respondent submitted by the learned Additional Government Pleader and also on perusal of the sale deed dated 14.06.2006 registered vide Document No.2385/2006 revealed that the subject property belongs to six persons (viz., Kathoon Ammal and five others) and they executed sale deed in favour of third party. Therefore, the respondent rightly refused to register the sale deed, which was presented by the petitioner. This Court finds no infirmity or illegality in the order passed by the respondent.

6. Accordingly, the writ petition stands dismissed. No costs. 02.01.2025 Internet : Yes/No NCC : Yes / No LS 3/4

G.K.ILANTHIRAIYAN , J.

LS TO:- The Sub Registrar, Velipattinam Sub Registrar Office, Velipattinam, Ramanathapuram District.

Order made in Dated:

02.01.2025 4/4