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Maruthamuthu v. The District Registrar

Madras HC5 Jun 2025WP(MD)/9499/2025

Case brief

AI extract

What is this about?

Article 226 writ of certiorarified mandamus; order of Sub Registrar, Srirangam (Trichy District) in RFL / Srirangam/42/2025 dated 22.03.2025 quashed as illegal; petitioner Maruthamuthu directed to re-present agreement of sale for registration under TP/214373340/2025; second respondent to register and release forthwith if otherwise in order; relies on earlier Madurai Bench order dated 31.01.2025 in W.P.(MD)No.2881 of 2025 (refusal check slip dated 11.12.2024 quashed); petition allowed, no costs.

What did the court decide?

Impugned order (RFL / Srirangam/42/2025 dated 22.03.2025) quashed; petitioner to re-present the agreement of sale; second respondent to register and release it forthwith if otherwise in order; no costs. ¶35

Maruthamuthu Vs The District Registrar — Writ and Judicial Review | Madras HC (2025)

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W.P(MD)No.9499 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 05.06.2025

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CORAM

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THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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W.P(MD)No.9499 of 2025

Maruthamuthu

... Petitioner

Vs.

1.The District Registrar, District Registrar Office, Trichy District.

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2.The Sub Registrar, Srirangam Sub Registrar Office, Trichy District.

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3.The District Revenue Officer, Trichirapalli.

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4.The Joint Commissioner / Executive Officer, Arulmigu Araganathaswami Thirukovil, Srirangam, Trichy.

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... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the entire records pertaining to the impugned order passed by the 2nd respondent vide his proceedings in RFL / Srirangam/42/2025 dated 22.03.2025 and quash the same as illegal and further direct the 2nd respondent to register the document presented by the petitioner for registration in TP/214373340/2025.

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

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W.P(MD)No.9499 of 2025

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For Petitioner : Mr.R.L.Dhilipan Pandian For R1 to R3 : Mr.S.Saji Bino Special Government Pleader For R4 : Mr.M.Saravanan

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ORDER

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This Writ petition is filed seeking Writ of Certiorarified Mandamus, to call for the entire records pertaining to the impugned order passed by the 2nd respondent vide his proceedings in RFL / Srirangam/42/2025 dated 22.03.2025 and quash the same as illegal and further direct the 2nd respondent to register the document presented by the petitioner for registration in TP/214373340/2025.

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A similar issue was considered by this Court earlier in a writ petition in W.P.(MD)No.2881 of 2025, by order dated 31.01.2025. Wherein this Court held as follows:

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"4. A perusal of the objections made by the fourth respondent would reveal that the property admeasuring 329.91 acres situated at Vellithirumuththam Village, Srirangam Taluk, Trichy District, under title deed No.1027 belongs to the fourth respondent and as such, he requested the registering authority not to register any deed of conveyance in respect of the subject property. Whereas, a

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

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W.P(MD)No.9499 of 2025

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perusal of the records would reveal that the petitioner's husband owned the subject property under title deed No.1100. Therefore, the second respondent, without verifying the title deed, mechanically refused to register the agreement for sale, which was presented for registration, on the objections raised by the fourth respondent, that too in respect of the property under title deed No. 1027.

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In view of the above, the impugned refusal check slip dated 11.12.2024 issued by the second respondent cannot be sustained and is liable to be quashed. Accordingly, the impugned refusal check slip dated 11.12.2024 issued by the second respondent is quashed. The petitioner is directed to re-present the agreement of sale for registration. On receipt of the same, the second respondent is directed to register and release the same forthwith, if it is otherwise in order.

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With the above direction, the writ petition stands allowed.

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....."

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In the light of the above, this Court is inclined to allow this Writ Petition. Therefore, impugned order passed by the 2nd respondent vide his proceedings in RFL / Srirangam/42/2025 dated 22.03.2025, is quashed and the petitioner is directed to re-present the agreement of sale for registration. On receipt of the same, the second respondent is directed to register and release the same forthwith, if it is otherwise in order.

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

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W.P(MD)No.9499 of 2025

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