A writ petition challenged a Sub Registrar's refusal to register a sale deed on the ground that the property belonged to a third party. Holding that registration does not confer better title and the Registrar has no power to adjudicate title, the Court quashed the refusal and directed registration within a week.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.24000 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD)No.24000 of 2024 and W.M.P(MD).No.20322 of 2024
M.Manikandan . .. Petitioner
Vs.
The Sub Registrar, Tharagampatti, Karur District. ... Respondent
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 records relating to the proceedings of the respondent made in impugned refusal No.RFL/Tharagampatti/9/2024 dated 06.03.2024 and quash the same and consequently direct the respondent to register the sale deed dated 04.12.2023 presented by the petitioner.
For Petitioner : Mr.R.Murali For Respondent : Mr.P.Subbaraj Special Government Pleader
ORDER
Challenging the impugned refusal check slip in refusal No.RFL/Tharagampatti/9/2024 dated 06.03.2024 issued by the respondent, the petitioner has filed this writ petition.
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W.P.(MD)No.24000 of 2024
document of sale deed, which was executed by one Shanmugam and his sisters in respect of the property in S.Nos.42/1, 42/2 and 42/11 having an extent of 2 acres 30 cents of punja land situated at Karur District, Kadavoor Taluk, Mavathur Village, before the respondent for registration, the same was refused by register citing the subject property belongs to third party. Aggrieved by the same, this petitioner is before this Court.
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W.P.(MD)No.24000 of 2024
apart, the sub register has no power to go into this aspect in view of judgment rendered in the case of Subramani Vs., The Sub Registrar .
the respondent in Refusal No.RFL/Tharagampatti/9/2024 dated 06.03.2024 is hereby quashed and this Writ Petition is allowed . The respondent is directed to register the document presented by the petitioner within a week from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.
14.10.2024
Index : Yes / No NCC : Yes / No Rmk
To
The Sub Registrar, Tharagampatti, Karur District.
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W.P.(MD)No.24000 of 2024
N.SATHISH KUMAR, J.
Rmk
W.P.(MD)No.24000 of 2024
14.10.2024
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2 issues framed by the court
Whether the Sub Registrar could refuse registration of a sale deed on the ground that the property belongs to a third party.
Whether the refusal check slip dated 06.03.2024 should be quashed and the sale deed directed to be registered.
Colour shows how this judgement treated each authority
Subramani Vs. The Sub RegistrarRelied on¶4
Subramani Vs., The Sub Registrar
1 provisions across 1 enactments
M.Manikandan
The Sub Registrar, Tharagampatti, Karur District
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
