Madras High Court
G.Chidambaram vs The Sub-Registrar on 25 November, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P (MD).No.25035 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.11.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P (MD).No.25035 of 2024
and
W.M.P(MD)No.21321 of 2024
G.Chidambaram ...Petitioner
Vs.
The Sub-Registrar,
Office of the Sub-Registrar,
Alangulam,
Thenkasi District. ...Respondent
Prayer: Petition filed under Article 226 of the Constitution of India praying to
issue a Writ of Certiorarified Mandamus, to call for the records pertaining to
the respondent proceedings in his refusal slip in Na.Ka.No.177/2024 dated
30.07.2024 is illegal and quash the same and consequently direct the
respondent to register the sale deed dated 30.07.2024.
For Petitioner : Mr.M.Perumal
For Respondent : Mr.M.Sarangan
Additional Government Pleader
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W.P (MD).No.25035 of 2024
ORDER
This writ petition has been filed challenging the refusal check slip issued by the respondent, dated 30.07.2024 thereby, refused to register the sale deed on the ground that there is a double entry in respect of the property, which was presented for registration.
2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3. The petitioner had purchased the property comprised in Survey No. 193/2 under Patta No.2248 to an extent of 58 cents situated at Ukkirankottai Village, Alangulam Taluk, Tnekasi District by a registered sale deed dated 11.12.2012 vide document No.8094/2012. Thereafter, the petitioner decided to sell the said land and executed the sale deed in favour of the third party on 30.07.2024 and presented the same for registration. However, on verification, the respondent refused to register the sale deed on the ground that there is a double entry. The subject property was purchased by Bopal Betwa Realtors Pvt., Ltd., by a registered sale deed, dated 04.12.1996 vide document No. 3288/1996. The purchaser has also leased out the subject property in favour of https://www.mhc.tn.gov.in/judis 2/5 W.P (MD).No.25035 of 2024 the third party, namely, Pune Sarjohn Relyaties Pvt. Ltd., by a lease deed, dated 29.09.2004 vide document No.2803/2004. Without even verifying the entries and the Encumbrance, the petitioner had purchased the said property. Therefore, the petitioner ought to have prove his title over the property in the manner known to law and thereafter, presented the sale deed for registration.
4. In view of the above, this Court finds no infirmity or illegality in the order passed by the respondent and this writ petition is devoid of merits and it is liable to be dismissed.
5. Accordingly, this writ petition is dismissed. The petitioner is at liberty to approach the Civil Court for appropriate remedy. No costs. Consequently, connected miscellaneous petition is closed.
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Index : Yes/No 25.11.2024
Speaking/Non Speaking order
am
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W.P (MD).No.25035 of 2024
To
The Sub-Registrar,
Alangulam,
Thenkasi District.
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W.P (MD).No.25035 of 2024
G.K.ILANTHIRAIYAN, J.
am
W.P (MD).No.25035 of 2024
25.11.2024
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