Dismissed¶31

Karunalayam, v. District Registrar

Madras HC1 Sept 2025WP/19842/2018

Case brief

AI extract

What is this about?

Karunalayam v. District Registrar, Coimbatore and Joint Sub Registrar, Coimbatore; W.P.No.19842 of 2018; High Court of Judicature at Madras; decided 01.09.2025 by G.K. Ilanthiraiyan, J.; writ of certiorarified mandamus under Article 226 challenging refusal to register compromise decree dated 10.10.2017 in I.A.No.965 of 2017 in O.S.No.1276 of 2017 (Principal Subordinate Judge, Coimbatore); rejection grounds: missing Town Survey number, unspecified boundaries and village, prior registered documents over same property; registering authority cannot conduct title enquiry; writ petition dismissed, connected W.M.P. closed, no order as to costs.

What did the court decide?

There is no infirmity or illegality in the order dated 06.07.2018 passed by the second respondent rejecting the request for registration of the compromise decree. ¶31

Karunalayam, Vs District Registrar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the order dated 06.07.2018 passed by the second respondent rejecting registration of the compromise decree is vitiated by infirmity or illegality and the writ petition seeking its quashing has merit.

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Court's answer

There is no infirmity or illegality in the order dated 06.07.2018 passed by the second respondent rejecting the request for registration of the compromise decree.

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Ratio / Principle

The writ petition lacks merits and is liable to be dismissed.

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Key takeaways

The registration request was rejected on recorded grounds: the Town Survey number was not mentioned in the schedule of the property, the decree did not clearly specify the boundaries or the proper village, and other documents in respect of the very same property had already been registered; the petitioner was directed to clarify these discrepancies.ratio¶26
The second respondent (registering authority) cannot conduct an enquiry in respect of the title over the property.obiter¶30

Detailed headnote1 paragraphs

Madras High Court (G.K. Ilanthiraiyan, J.) dismissed a writ petition under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus to quash the order dated 06.07.2018 in Number 2/2018 of the Joint Sub Registrar, Coimbatore, which had rejected registration of a compromise decree dated 10.10.2017 made in I.A.No.965 of 2017 in O.S.No.1276 of 2017 on the file of the Principal Subordinate Judge, Coimbatore. The rejection rested on recorded discrepancies: the Town Survey number was not mentioned in the schedule of the property, the decree did not clearly specify the boundaries or the proper village, and other documents in respect of the very same property had already been registered. The Court found no infirmity or illegality in the order, observed that the registering authority cannot conduct an enquiry in respect of title over the property, and held the writ petition devoid of merit. The connected miscellaneous petition (W.M.P.No.23297 of 2018) was closed with no order as to costs.

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W.P.No.19842 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 01.09.2025

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CORAM

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THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

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W.P.No.19842 of 2018 and

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W.M.P.No.23297 of 2018

Karunalayam

..... Petitioner

District Registrar, Coimbatore.

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Joint Sub Registrar, Coimbatore.

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..... Respondents

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Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the records of the 2^nd respondent dated 06.07.2018 in Number 2/2018 and quash the same and further direct the 2^nd respondent to take into record and register the compromise decree dated 10.10.2017 made in I.A.No.965/2017 in O.S.No.1276/2017 on the file of Principal Subordinate Judge, Coimbatore.

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For Petitioner : Mr.Vishnu Prasad

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For Respondents : Mr.Abhishek Murthy Government Advocate

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.19842 of 2018

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ORDER

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This Writ Petition has been filed challenging the order dated

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06.07.2018 passed by the second respondent, thereby rejected the request made by the petitioner for registration of the compromise decree dated 10.10.2017 made in I.A.No.965 of 2017 in O.S.No.1276 of 2017 on the file of the Principal Subordinate Judge, Coimbatore.

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Heard the learned counsel appearing on either side and perused the materials available on record.

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The learned counsel appearing for the petitioner

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submitted that there was no instruction from the petitioner.

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A perusal of the records and the counter affidavit filed by the second respondent reveals that the request of the petitioner was rejected on the ground that the Town Survey number was not mentioned in the schedule of the property. Further, the decree did not specify whether the boundaries of the subject property were clearly stated, nor was the proper village mentioned. Further, the other registered

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Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.19842 of 2018

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documents in respect of the very same property have already been registered. Therefore, the petitioner was directed to clarify these discrepancies. Further, it reveals that the respondent cannot conduct an enquiry in respect of the title over the property. But by virtue of the said decree by obtaining a collusive manner amongst the parties, it allowed to be registered, the same would only lead to further litigation by persons who are already holding title based on the documents registered earlier.

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In view of the above, this Court finds no infirmity or illegality in the order dated 06.07.2018 passed by the second respondent. Thus, the writ petition lacks merits and is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

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01.09.2025

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Internet : Yes Index : Yes/No Lpp

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Page 3 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.19842 of 2018

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G.K.ILANTHIRAIYAN, J.