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K.Prema v. The Sub Registrar

Madras HC23 Jul 2025WP(MD)/20133/2025

Case brief

AI extract

What is this about?

Sub Registrar refusal to register power of attorney deed; refusal check slip RFL/Aranthangi/Book2/1; double entry as ground for refusing registration; extent of property not mentioned in Will; registering authority cannot examine property details; certiorarified mandamus under Article 226; Madurai Bench of Madras High Court; Aranthangi, Pudukkottai District; direction to register within four weeks; T.Senthilvel W.P.(MD)No.22114 of 2024 followed.

What did the court decide?

Impugned refusal check slip dated 23.06.2025 quashed; first respondent directed to register the petitioner's document within a period of four (4) weeks from the date of receipt of a copy of the order; no order as to costs; connected miscellaneous petition closed. ¶33

K.Prema Vs The Sub Registrar — Writ and Judicial Review | Madras HC (2025)

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W.P(MD)No.20133 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 23.07.2025

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CORAM:

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THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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W.P(MD)No.20133 of 2025 and W.M.P(MD)No.15480 of 2025

K.Prema

... Petitioner

The Sub Registrar, Registration Department, Aranthangi, Pudukkottai District.

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K.Sekar

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K.Ramasamy

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A.Jahir Hussain ... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned refusal slip in RFL/Aranthangi/Book2/1 dated 23.06.2025 issued by the first respondent, quash the same as illegal and consequently direct the first respondent to register and return the power of attorney deed dated 16.06.2025 executed by the petitioner with respect to an extent of 3.5 Arce and 350 Sq.mt. of land in S.F.No.123/1, (Ward-B Block No. 17,

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

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W.P(MD)No.20133 of 2025

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T.S. No. 7/1) of Gopalasamuthram Village, Aranthangi Taluk, Pudukkottai District, within time frame as fixed by this Court.

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For Petitioner : Mr.M.Suresh For R-1 : Mr.D.Sasi Kumar Additional Government Pleader

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ORDER

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The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned refusal check slip dated 23.06.2025 and consequently, direct the first respondent to register and return the

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Power of Attorney Deed dated 16.06.2025 executed by the petitioner.

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2. Through the impugned order, the first respondent refused to register the petitioner's document on the ground that some documents had already been registered in respect of the same property. Therefore, if the petitioner's document is registered then it would amount to a double entry. Further, the first respondent

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stated that the extent of the property is not mentioned in the Will.

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3. The respondent cannot go into the details of property while considering the document for registration. Hence the refusal on the ground that extent of the

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2/4

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

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W.P(MD)No.20133 of 2025

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property not mentioned is erroneous and the same is liable to be rejected

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4. The issue of double entry has already been considered by this Court in

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the case of T.Senthilvel Vs. The District Registrar and others in W.P.(MD)No. 22114 of 2024 dated 17.10.2024, wherein, the Hon'ble Single Judge held that based on double entry, the respondent cannot refuse registration.

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5. Therefore, based on the reasons stated supra and by following the said judgment, the impugned refusal check slip is hereby quashed. The first respondent is directed to register the petitioner's document, within a period of four (4) weeks from the date of receipt of a copy of this order.

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6. With the above said directions, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

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23.07.2025

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

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jbr

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3/4

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

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W.P(MD)No.20133 of 2025