Balamurali v. The Inspector General of Registration
WP(MD)/25355/2025 · 2025-09-17
G R Swaminathan
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 157526 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157526 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P(MD)No.25355 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.09.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.25355 of 2025 Balamurali ... Petitioner Vs. 1.The Inspector General of Registration, Registration Department, Santhom High Road, Chennai – 600 004. 2.The District Registrar, O/o.District Registrar, Sivagangai, Sivagangai District. 3.The Sub Registrar, Office of the Sub Registrar, Thiruppuvanam, Sivagangai District. 4.T.Sokkalingam (R.4 is impleaded vide order of this Court dated 17.09.2025) ... Respondents 1/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.25355 of 2025 Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the entire records in connection with the impugned Refusal Check Slip dated 28.07.2025 bearing Refusal Number RFL/Thiruppuvanam/43/2025 to quash the same as unconstitutional and illegal consequently direct the third respondent herein to register the settlement deed dated 28.07.2025. For Petitioner : Mr.K.Muthamilventhan For Respondents : Mr.D.Gandhi Raj Special Government Pleader for R.1 to R.3 Mr.VR.Shanmuganathan for R.4
ORDER
Heard both sides. 2.The writ petitioner executed a settlement deed dated 25.07.2025 in favour of his wife settling the petition mentioned property. The document was presented for registration. The registering authority declined to register the document and issued the impugned refusal check slip. The stand of the registering authority is that the petitioner has not filed any title document or revenue record indicating his right over the 2/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.25355 of 2025 petition mentioned property. Challenging the stand of the registering authority, the present writ petition came to be filed. 3.When the matter was taken up for hearing, the fourth respondent got himself impleaded and filed a typed set of papers. 4.According to the writ petitioner, the petition mentioned property belonged to his grandfather / Muthuirula Thevar, S/o.Ramasamy Thevar, who is now no more. After his demise, the property devolved on his father (Veeraiah). Veeraiah also passed away on 18.03.2021 leaving behind Rakku / petitioner's mother, the petitioner and his brother Elavarasan as legal heirs. 5.The impleaded respondent points out that Muthuirula Thevar had sold a large extent of property, which included the petition mentioned property, vide sale deed dated 22.02.1996 in favour of Sri Jeyavilas Forms Private Limited. Copy of the said sale deed (Document No.446 of 1996) has been enclosed in the typed set of papers.
The said company subsequently sold the said property in favour of one Malaiarasan and 3/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.25355 of 2025 Sivabalasubramanian vide sale deeds dated 05.05.2008. They were registered as Document Nos.1441 of 2008 and 1442 of 2008. Sivabalasubramanian executed power of attorney in favour of Muthuirula Thevar and from Muthuirula Thevar, the fourth respondent herein purchased the entire extent vide sale deeds dated 10.10.2024 (Document Nos.5655 of 2024 and 5656 of 2024). 6.The patta in respect of the petition mentioned property ,which forms part of a larger extent, stands in the name of the fourth respondent. Interestingly, the petitioner has enclosed the said patta in his typed set of papers. 7.There is no shred of evidence in favour of the petitioner indicating his title. On the other hand, the materials enclosed in the typed set of papers clearly indicate that the fourth respondent holds valid title to the property. The registering authority rightly declined to register the settlement deed executed by the writ petitioner. If the writ petitioner has any claim, it is for him to workout his rights before the jurisdictional civil Court. 4/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.25355 of 2025 8.Granting the said liberty, this Writ Petition is dismissed. No costs. 17.09.2025 2/2
NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The Inspector General of Registration, Registration Department, Santhom High Road, Chennai – 600 004. 2.The District Registrar, O/o.District Registrar, Sivagangai, Sivagangai District. 3.The Sub Registrar, Office of the Sub Registrar, Thiruppuvanam, Sivagangai District. 5/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.25355 of 2025 G.R.SWAMINATHAN, J. MGA W.P(MD)No.25355 of 2025 17.09.2025 2/2 6/6 https://www.mhc.tn.gov.in/judis