2025:MHC:2461 WP No. 25537 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-08-2025 CORAM THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ WP No. 25537 of 2025 Murugesan Petitioner(s) Vs 1.The District Registrar Office of the District Registrar, Back Side of Krishna Theater, Venkatesapuram, Perambalur Taluk and District 621 212. 2.The Sub Registrar No.1 Office of Registrar, Madarasa Road, Perambalur Taluk and District 621 212. Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, directing to quash the refusal slip RFL/1/No.1 Sub-Registrar Perambalur/126/2025 dated 04.06.2025 and consequently to direct the 2 nd respondent to allow the registration in favour of the petitioner with respect to the properties in Survey No.261/1C2A, measuring 7 Ares, 50 Square meters. Page 1 of 7 https://www.mhc.tn.gov.in/judis WP No. 25537 of 2025 For Petitioner(s): Mr.A.Arun Kumar For Respondent(s): Mr.U.Baranidharan, SGP ORDER The present writ petition has been filed challenging the refusal check slip dated 04.06.2025, whereby registration of the sale deed dated 04.06.2025 was rejected on the premise that the vendors must specifically state their share in the property as undivided share of 13 cents instead of 19 cents. 2. It is submitted by the learned counsel for petitioner that petitioner is one of the four legal heirs of Vaithilingam. The property comprised in Survey No.261/1C2 ( Old Survey No.395/1), measuring an extent of 1.89 acres, situated at Perambalur Disrict, is petitioner's ancestral property. After Vaithilingam's demise in 1983, the ancestral property was shared among the legal heirs. Thereafter, petitioner got his name included in Patta No.11331 in respect of land measuring an extent of 0.27.0 ares in respect of subject property. Page 2 of 7 https://www.mhc.tn.gov.in/judis WP No. 25537 of 2025 3. It is submitted by learned counsel for petitioner that this is the second round of litigation. Earlier when the sale deed in respect of subject property was presented for registration before the Sub Registrar the same was rejected on the premise that the description of the property in the sale deed was inadequate/insufficient to identify the said property. Aggrieved by the same, petitioner preferred a writ petition in W.P.No.12209 of 2025, wherein this Court was pleased to dispose of the writ petition with the following directions: “4.On going through the materials placed before this Court, it is seen that based on the application submitted by the petitioner seeking for issuance of patta in his name with respect to the property in Survey No.261/1C2, an enquiry was conducted by the Revenue Tahsildar, Perambalur. Through proceedings dated 12.03.2024, the Revenue Tahsildar came to a conclusion that with respect to Survey No.261/1C2, an extent of 0.27.5 ares belongs to (1) Muthaiya, (2) Thangarasu, (3) Chinnaswamy, (4) Murugesan and there is no indication to show that there was any partition between the parties and therefore, the Tahsildar has proceeded to issue a joint patta in the names of 12 persons which also includes the name of the petitioner found at Sl.No.12. 5.In the sale deed executed by the petitioner along with Chandrakumar and Saravanakumar in favour of one Palanivel, the schedule of property has been described as follows: p. 3 https://www.mhc.tn.gov.in/judis WP No. 25537 of 2025 “brhj;J tpguk; bguk;gY}u; khtl;lk;. bguk;gY}u; tl;lk;. bguk;gY}u; gjpt[ khtl;lk;. 1 vz; ,iz rhu;gjptfk; bguk;gY}u; rg;o (Kd;g[. mupaY}u; upo. bguk;gY}u; rg;o). bguk;gY}u; (tlf;F) fpuhkj;jpy;. m/g[/ru;nt vz;/395-1C Vf;/1/89?y;. Vf;/0/68?y;. Vf;/0/26?y; bghJtpy; gpupglhj v';fsJ ghfk; Vf;/0/19?brz;Lf;F. jw;nghija a[/o/Mu; ru;nt vz;/261-1C2A bcwf;/0/20/0?Vu;!py; bghJtpy; gpupglhj v';fsJ ghfk; bcwf;/0/07/50?Vu;!; epyk; kl;Lk;/ iv& epyj;jpd; gl;lh vz;/11331?MFk;/ iv& epyj;jpd; kjpg;g[ U:gha;/2.10.000-? iv& epyj;jpw;Fz;lhd rfy khK:y; ghij ghjj; pa'f; s; csg; ltk[ /; ” 6.There has been no partition between the parties and only a joint patta has been issued in the names of 12 persons. Therefore, while describing the property which is sought to be sold, the vendors must specifically state their share in the property which remains undivided and sell only that undivided share in favour of the purchaser. If the description of the property is properly done in this regard and the necessary recital is also added in the sale deed, the same shall be entertained and registered by the 2 nd respondent, if it is otherwise in order.” 4. Learned Special Government Pleader would submit that the sale deed which was presented subsequent to the direction of this Court continues to suffer from the very same infirmity, i.e., description in the sale deed is inadequate to identify the subject property. It is further submitted by learned Special Government Pleader that petitioner may present the sale deed wherein the description of the property is set out with adequate details/particulars, to p. 4 https://www.mhc.tn.gov.in/judis WP No. 25537 of 2025 enable identification of the same. If the above modification in description of the property is made and presented for registration, the same would be registered if it is otherwise in order, within a time frame to be fixed by this Court. 5. In view thereof, the impugned refusal check slip in RFL/1/No.1 Sub- Registrar Perambalur/126/2025 dated 04.06.2025 is set aside and it is open to the petitioner to present the sale deed for registration before the appropriate authority/respondent after carrying out the modification in the description of the property. The concerned respondent shall consider and register the document if it is otherwise in order. If for any reason the registering authority finds that the registration ought to be refused, the same shall be done after assigning reasons. It is made clear that this Court had not expressed any view with regard to the merits of the case and it is open to the concerned respondent to consider the case on its own merits and in accordance with law. Page 5 of 7 https://www.mhc.tn.gov.in/judis WP No. 25537 of 2025 6. With the above directions, the Writ Petition stands disposed of. No costs. 11-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No Jeni To: 1. The District Registrar, Office of the District Registrar, Back Side of Krishna Theater, Venkatesapuram, Perambalur Taluk and District 621 212. 2. The Sub Registrar No.1, Office of Registrar, Madarasa Road, Peramblur Taluk and District 621 212. Page 6 of 7 https://www.mhc.tn.gov.in/judis WP No. 25537 of 2025 MOHAMMED SHAFFIQ J. Jeni WP No. 25537 of 2025 11.08.2025 p. 7 https://www.mhc.tn.gov.in/judis