Athappan Vs The Sub Registrar — Writ and Judicial Review | Madras HC (2025)

Athappan Vs The Sub Registrar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ Petition allowed: impugned Refusal Check Slip dated 13.05.2025 quashed; first respondent directed to register the sale deed dated 20.01.2025 within four weeks, with liberty to add a remark noting the pending suit; no order as to costs.

Issue for consideration

Whether the first respondent (Sub Registrar) could lawfully refuse to register the petitioner's sale deed on the sole ground that a suit (O.S.No.70 of 2025, Sub Court, Sivagangai) relating to the property is pending, in the absence of any injunction order +1 more

Court's answer

A Sub Registrar cannot refuse to register a sale deed merely by citing a pending suit where there is no injunction order; since the suit was pending, the first respondent could not refuse registration

Ratio / Principle

The impugned order is quashed and the first respondent is directed to register the sale deed within four (4) weeks from receipt of a copy of the order

Key takeaways

Upon registration, a remark may be added recording that a suit is pending with respect to the subject propertyratio¶25
Since the civil suit is pending between the parties, the Trial Court is directed to consider the rival claims uninfluenced by the documents registered pursuant to this orderratio¶25
The second respondent remains at liberty to obtain an interim injunction in the pending suitratio

Detailed headnote1 paragraphs

Registration of Documents - Sale deed - Sub Registrar, Madhagupatti refused registration of sale deed dated 20.01.2025 citing pending civil suit O.S.No.70 of 2025 (Sub Court, Sivagangai) through Refusal Check Slip RFL/Mathagupatti/Book 2/1 dated 13.05.2025 - Held by the Madurai Bench of the Madras High Court (S.Srimathy, J.) that a Sub Registrar cannot refuse to register a sale deed citing a pending suit in the absence of any injunction order; petitioner registering during pendency takes his own risk - Impugned refusal quashed; first respondent directed to register the sale deed within four weeks, with a remark permissible noting the pending suit; Trial Court directed to weigh rival claims uninfluenced by the documents registered pursuant to the order; second respondent left free to seek an interim injunction in the pending suit - Writ Petition allowed; no order as to costs.

W.P(MD)No.16262 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 14.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

W.P(MD)No.16262 of 2025

Athappan

... Petitioner

Vs

The Sub Registrar, Madhagupatti Sub Registration Office, Sivagangai District.

V.R.C.Meenakshi ... 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 Refusal Check Slip in RFL/Mathagupatti/Book 2/1 dated 13.05.2025 on the file of the first respondent and quash the same and further directing the first respondent to receive and register the sale deed dated 20.01.2025 executed by the petitioner.

For Petitioner : Mr. G.Prabhu Rajadurai For R-1 : Mr.D.Sasi Kumar Additional Government Pleader For R-2 : Mr.C.Sundaravadivel

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W.P(MD)No.16262 of 2025

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned order dated 13.05.2025 and consequently to direct the first respondent to receive and register the sale deed dated 20.01.2025 executed by the petitioner.

2. Through the impugned order, the first respondent by citing the suit pending in O.S.No.70 of 2025 on the file of the Sub Court, Sivagangai has refused to register the sale deed.

3. The learned Counsel appearing for the second respondent submitted that the parent document of the present sale deed itself is questioned in the said suit.

4. Since the said suit is pending, the first respondent cannot refuse to register the sale deed. Pending suit, the petitioner is taking risk to register the sale deed. Further, the Sub Registrar cannot refuse to register the sale deed citing pending suit without any injunction order. Therefore, the impugned order is quashed. The first respondent is directed to register the sale deed within a period of four (4) weeks from the date of receipt of a copy of this order. However, while

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W.P(MD)No.16262 of 2025

registering the sale deed. However, a remark may be added that a suit is pending with respect to the subject property. Since the civil suit is pending between the parties, the Trial Court is directed to consider the rival claims uninfluenced by the documents registered pursuant to this order. The second respondent is at liberty to obtain an interim injunction in the pending suit.

5. With the above said directions, this Writ Petition is allowed. There shall be no order as to costs.

14.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes

jbr

To:

The Sub Registrar, Madhagupatti Sub Registration Office, Sivagangai District.

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W.P(MD)No.16262 of 2025

S.SRIMATHY, J.

jbr

ORDER MADE IN W.P(MD)No.16262 of 2025

DATED : 14.07.2025

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