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2025 DAILYLAW 143593 (MAD)

Princy Benciya F v. The Sub-Registrar

WP(MD)/16304/2025 · 2025-07-03

S Srimathy

Transfer Petitionbody2025

Judgment text

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W.P(MD)No.16304 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025 CORAM: THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.16304 of 2025 F.Princy Benciya ... Petitioner Vs. 1. The Sub Registrar, Thiruverampur Trichy District. 2. The Tahsildar, Tiruverambur Taluk, Trichy District. ...Respondents [ R-2 is suo motu impleaded vide order of this Court dated 17.06.2025] PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to impugned Refusal check slip issued by the respondent on 19.03.2025 bearing No. RFL/Thriuverampur/99/2025 quash the same as null and void, illegal consequently by directing the respondent to register the sale deed dated 03.02.2025. For Petitioner : Mr.S.Rengasamy For Respondents : Mr.D.Sasikumar Additional Government Pleader 1/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.16304 of 2025 ORDER The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to quash the impugned Refusal check slip issued by the 1st respondent dated 19.03.2025 and consequently to direct the 1st respondent to register the sale deed dated 03.02.2025. 2. Through the impugned order, the 1st respondent has stated that with respect to Survey No. 215/2, several documents have already been filed and registered and title could not be traced. If the petitioner's document is also registered, it will be added to the existing ones. There are rival claims among several parties, however, none of them have approached the Civil Court, citing the existence of multiple entries. If any party is aggrieved by the entries in the Encumbrance Certificate, they are at liberty to approach the Civil Court to establish their rights. The Registration Department cannot act as a Civil Court and decide the title of the parties. 3. Therefore, the impugned refusal check slip dated 19.03.2025 issued by the 1st respondent is hereby qushed. The 1st respondent is directed to register the sale deed dated 03.02.2025 within a period of four weeks from the date of receipt of a copy of the order. 2/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.16304 of 2025 4. With the above observations, this Writ Petition is allowed. There shall be no order as to costs. 03.07.2025 NCC : Yes / No [2/3] Index : Yes / No Internet : Yes Ksa To: 1. The Sub Registrar, Thiruverampur Trichy District. 2. The Tahsildar, Tiruverambur Taluk, Trichy District. 3/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.16304 of 2025 S.SRIMATHY , J. Ksa ORDER MADE IN W.P(MD)No.16304 of 2025 [2/3] DATED : 03.07.2025 4/4 https://www.mhc.tn.gov.in/judis