Dismissed¶22

K.Mubarak Basha v. the Joint Sub Registrar - II

Madras HC19 Jun 2025WP/21579/2025

Case brief

AI extract

What is this about?

Madras High Court writ petition dismissed as withdrawn; challenge to Refusal Check Slip RFL/2 dated 27/05/2025 of Joint Sub Registrar-II, Tiruppathur, regarding refusal to register sale deed dated 26/05/2025; liberty to appeal under Section 72 of the Registration Act with limitation protection for 12 weeks; liberty to present fresh sale deed; Certiorarified Mandamus; Article 226; no adjudication on merits; no precedents discussed.

What did the court decide?

Writ petition dismissed as withdrawn with liberty to file an appeal under Section 72 of the Registration Act, to be entertained by the concerned appellate authority without reference to limitation if filed within 12 weeks from the date of uploading of the order; liberty also given to present a fresh sale deed to be decided in accordance with law; no order as to costs. ¶22

K.Mubarak Basha Vs the Joint Sub Registrar - II — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned Refusal Check Slip in Refusal No.RFL / 2 dated 27/05/2025 ought to be quashed and the respondent directed to register the sale deed dated 26/05/2025 presented by the petitioner.

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Ratio / Principle

Recording the submission and endorsement of the learned counsel for the petitioner, the writ petition stands dismissed as withdrawn with liberty to file an appeal under Section 72 of the Registration Act.

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Key takeaways

If the petitioner files an appeal, the concerned appellate authority shall entertain it without reference to limitation, provided it is filed within a period of 12 weeks from the date of uploading of the order.ratio¶22
It is open to the petitioner to present a fresh sale deed, which if presented would be examined and decided in accordance with law; there shall be no order as to costs.ratio¶22

Detailed headnote1 paragraphs

Madras High Court (Mohammed Shaffiq, J.) — W.P. No.21579 of 2025, decided 19.06.2025: Writ petition under Article 226 challenging a Refusal Check Slip in Refusal No.RFL / 2 dated 27/05/2025 issued by the Joint Sub Registrar-II, Tiruppathur, refusing registration of a sale deed dated 26/05/2025, was dismissed as withdrawn on the petitioner's endorsement, with liberty to file an appeal under Section 72 of the Registration Act. The Court directed that any such appeal filed within 12 weeks from the date of uploading of the order shall be entertained by the appellate authority without reference to limitation, and left the petitioner free to present a fresh sale deed, which would be examined and decided in accordance with law. No order as to costs. No merits of the refusal were adjudicated.

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W.P. No.21579 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 19.06.2025

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CORAM

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THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

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W.P. No.21579 of 2025

K.Mubarak Basha

Petitioner(s)

Vs.

The Joint Sub Registrar-II, Registration Office, Tiruppathur 635 601, Tiruppathur District.

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Respondent(s)

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned Refusal Check Slip in Refusal No.RFL / 2 dated 27/05/2025 on the file of the respondent herein and quash the same and consequently direct the respondent to register the sale dated 26/05/2025 presented by this petitioner.

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For Petitioner(s) : Mr.B.Ram Prasath

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For Respondent(s) : Mr.Abishek Murthy Government Advocate

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ORDER

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After submitting for a brief while, the learned counsel for petitioner

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submitted that they may be permitted to withdraw with liberty to file an appeal

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

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W.P. No.21579 of 2025

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under Section 72 of the Registration Act. He has also made an endorsement to that effect. Alternatively, it was submitted by the learned counsel for petitioner that they intend to present a fresh sale deed and that the same may be considered in accordance with law.

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2. Recording the submission made by the learned counsel for petitioner, the writ petition stands dismissed as withdrawn with liberty to file an appeal. If any such appeal is filed by the petitioner, the same shall be entertained by the concerned appellate authority without reference to limitation within a period of 12 weeks from the date of uploading of this order. It is also open to the petitioner to present a fresh sale deed, which if presented would be examined and decided in accordance with law. There shall be no order as to costs.

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19.06.2025

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Speaking (or) Non Speaking Order Index : Yes/ No Neutral Citation: Yes/No mka

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2/4

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

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W.P. No.21579 of 2025

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To: