Madras High Court
L.Surya vs The Sub-Registrar on 17 April, 2025
W.P.(MD) No.10691 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.P.(MD) No.10691 of 2025
1 L.Surya
2 S.Bhuvaneswaran
3 Muruganandham ... Petitioner
Vs
1 The Sub-Registrar,
Woraiyur Sub-Registrar Office,
Woraiyur,
Trichy,
Trichy District.
2 Nirmala
3 Yasodha
4 Thilagavathi
5 Palani
6 Lilly
7 Malar
8 Hema
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W.P.(MD) No.10691 of 2025
9 Valli
10 Lakshmi
11 Sujatha ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
praying for issuance of a writ of certiorarified mandamus, to call for the
records relating to 1st respondent proceedings made in Refusal Check Slip
Refusal Number RFL/Woraiyur/70/2025, dated 07.04.2025; quash the same
and further direct him to register the release deed, dated 07.03.2025.
For Petitioners : Mr.R.Sundar
For Respondent 1 : Mr.N.Ramesh Arumugam,
Govt. Advocate.
ORDER
The petitioner seeks for the following relief :
''Writ of certiorarified mandamus, to call for the records relating
to 1st respondent proceedings made in Refusal Check Slip Refusal Number
RFL/Woraiyur/70/2025, dated 07.04.2025; quash the same and further
direct him to register the release deed, dated 07.03.2025.''
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2. It is the case of the petitioners that the property situated in
S.F.No.31/3B of Thayanur Village Majara Punganur Village, Srirangam Taluk,
Tiruchirapalli District, measuring 28 cents, belonged to one Nallaiyan. The
said Nallaiyan had purchased the property on 07.01.1952. The sale was
registered on the file of District Registrar, Tiruchirapalli, as Document No.
72/1952. Nallaiyan passed away on 16.08.1991. His wife Pappathi Ammal
also passed away on 30.06.2008. The petitioners and the respondents 2 to 11
are the children born from the wedlock of Nallaiyan and Pappathi Ammal. The
respondents 2 to 11 decided to relinquish the property in favour of the male
heirs of Nallaiyan. They presented a document on 07.04.2025. The first
respondent refused to register the said document, stating that there was a
previous document vide Document No.4628 of 2015, covering the entire 28
cents purchased by Nallaiyan. Accordingly, he issued a check slip to that
effect. Challenging the same, the present Writ Petition.
3. I have heard Mr.R.Sundar for the petitioner and Mr.N.Ramesh
Arumugam, for the first respondent.
4. The ground for refusal is that if the release deed executed by
the respondents 2 to 11 is registered in favour of the petitioners 1 to 3, it
might result in a double entry. The position of law, as regards double entry,
has been settled by a decision of this Court in T.Senthilvel v. The District
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Registrar (Administration), in W.P.(MD) No.22114 of 2024, dated 17.10.2024. A
learned single Judge of this Court held therein that merely because there is a
double entry in respect of the subject property, registration cannot be refused.
5. Following the said judgment, the impugned order is quashed.
There shall be a direction to the first respondent to register the release deed
executed by the respondents 2 to 11 in favour of the petitioners 1 to 3 within a
period of two weeks from the date of receipt of copy of this order.
6. Writ Petition is allowed. No costs.
17.04.2025
NCC : Yes / No (2/2)
Index : Yes / No
Internet : Yes / No
dixit
To:
The Sub-Registrar,
Woraiyur Sub-Registrar Office,
Woraiyur,
Trichy,
Trichy District.
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V.LAKSHMINARAYANAN, J.
dixit
(2/2)
17.04.2025
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