Sub-Registrar refused to register a settlement deed on the ground that the property belonged to another person who had filed a suit against the petitioner. The High Court held that registration authorities cannot adjudicate title disputes, quashed the refusal check slip and directed registration of the deed.
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.11794 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.06.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P(MD)No.11794 of 2025
A.Mathiyazhagan
... Petitioner
Vs.
... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the impugned check-slip made in Refusal Number: RFL/oothumalai/4/2025 dated 30.01.2025 and quash the same as illegal and consequently directing the Respondent herein to register the Settlement Deed dated 29.01.2025 presented by the Petitioner executed in favour of his wife, relating to the land comprised in comprised in S.No.62, now it is sub-divided as 62/1 to an extent of 1.54 ½ acres of land lying on its eastern side at Keezhakalangal Village, V.K. Pudur Taluk, Tenkasi District.
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W.P(MD)No.11794 of 2025
For Petitioner : Mr. D.Srinivasaragavan For R-1 : Mr.S.Kameswaran Government Advocate For R-2 : No appearance
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the refusal check slip dated 30.01.2025 and consequently, direct the first respondent to register the settlement dated 29.01.2025.
2. The first respondent refused to register the settlement deed since the property belongs to one Perumalsamy. Admittedly, the petitioner has filed a suit in O.S.No.66 of 2025 on the file of the learned Principal District Munsif Court, Tenkasi, for declaration of injunction as against the said Perumalsamy. The first respondent cannot sit over the document as a Civil Court, as it is a well-settled proposition of law that registration authorities cannot adjudicate title disputes. Therefore, the refusal check slip is incorrect and the same is quashed.
3. The first respondent is directed to register the settlement deed. Since the
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W.P(MD)No.11794 of 2025
suit is pending, the petitioner as well as the petitioner's wife shall not encumber
the property until the disposal of the suit.
4. With the above said direction, this Writ Petition is allowed. There shall
be no order as to costs.
13.06.2025
NCC : Yes / No Index : Yes / No Internet : Yes
jbr
To:
The Sub- Registrar, Uthumalai Sub-Registrar Office, V.K. Pudur Taluk, Tenkasi District.
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W.P(MD)No.11794 of 2025
S.SRIMATHY, J.
jbr
ORDER MADE IN W.P(MD)No.11794 of 2025
DATED : 13.06.2025
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1 issue framed by the court
Whether the Sub-Registrar could refuse registration of a settlement deed on a title dispute when registration authorities cannot adjudicate title.
1 provisions across 1 enactments
A.Mathiyazhagan
The Sub-Registrar, Uthumalai Sub-Registrar Office
M.Perumalsamy
S.Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
