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2025 DAILYLAW 134968 (MAD)

Sezhian S v. The Joint-II Sub-Registrar

WP(MD)/11137/2025 · 2025-04-22

V Lakshminarayanan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD)No.11137 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2025 CORAM THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN W.P.(MD)No.11137 of 2025 S.Sezhian ... Petitioner vs. The Joint II Sub Registrar, Tenkasi, Tenkasi District. ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to impugned refusal check slip issued by the respondent in Refusal Number RFL/No.2 Joint Sub-Registrar Tenkasi/47/2025 dated 08.04.2025 and to quash the same as illegal and consequently, to direct the respondent to register the settlement deed presented by the petitioner for registration in favour of his son S.Shanmugakumar, within the time stipulated by this Court. For Petitioner :Mr.S.Balamurugan For Respondent :Mr.P.T.Thiraviyam Government Advocate ***** 1/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.11137 of 2025 O R D E R The petitioner seeks for the following relief: “Writ of Certiorarified Mandamus, to call for the records relating to impugned refusal check slip issued by the respondent in Refusal Number RFL/No.2 Joint Sub- Registrar Tenkasi/47/2025 dated 08.04.2025 and to quash the same as illegal and consequently, to direct the respondent to register the settlement deed presented by the petitioner for registration in favour of his son S.Shanmugakumar, within the time stipulated by this Court.” 2.The issue raised in this Writ Petition is covered by the judgment of this Court in T.Senthilvel vs District Registration, Administration and two others in W.P(MD)No.22114 of 2024, dated 17.12.2024. Though Mr.P.T.Thiraviyam objects that registration of document would amount to double entry, the specific issue has been dealt with by the learned Single Judge in that case and he had held that merely because, there is a double entry in respect of the subject property, the registration cannot be refused. 3.Respectfully following the said judgment, the impugned order, dated 08.04.2025, passed by the respondent is quashed. There shall 2/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.11137 of 2025 be a direction to the respondent to register the document within a period of two weeks from the date of receipt of a copy of this order. Needless to add, if the petitioner has no title to the property, by mere fact of registration, the purchaser will not get any title. The Writ Petition is allowed accordingly. No costs. Index :Yes / No 22.04.2025 NCC :Yes / No cmr To The Joint II Sub Registrar, Tenkasi, Tenkasi District. 3/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.11137 of 2025 V. LAKSHMINARAYANAN, J. cmr W.P.(MD)No.11137 of 2025 22.04.2025 4/4 https://www.mhc.tn.gov.in/judis