Madras High Court
R.Muthuraj vs The Inspector General Of Registration on 19 March, 2025
W.P(MD)No.7316 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.03.2025
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
Writ Petition(MD)No.7316 of 2025
R.Muthuraj
..Petitioner
Vs
1. The Inspector General of Registration,
No.100, Santhome High Road,
Foreshore Estate,
Pattinapakkam,
Chennai-600 028.
2.The Sub Registrar,
Sattur,
Virudhunagar.
..Respondents
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
records relating to the impugned order dated 10/01/2025 passed in check slip
number 3 of 2025 by the second respondent and quash the same and
consequentially, to direct the second respondent to register the settlement deed
dated 10/01/2025 executed by the petitioner in favour of his sons.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/03/2025 07:08:00 pm )
1/5
W.P(MD)No.7316 of 2025
For Petitioner : Mr.M.Ramasamy
For Respondents : Mr.P.T.Thiraviyam,
Government Advocate
ORDER
The writ petition is filed to quash the impugned order dated 10.01.2025
passed in check slip number 3 of 2025 by the second respondent and to direct
the second respondent to register the settlement deed dated 10.01.2025
executed by the petitioner in favour of his sons.
2. The petitioner claims that the property comprised in S.Nos.28/1B,
28/3, 28/6, 42/11B, 55/4C, 56/12, 56/8A, and 56/8C, Avudaiyapuram Village,
Virudhunagar District originally belonged to his father, Ramasamy Naicker.
The said Ramasamy Naicker executed a settlement deed on 01.12.1955 settling
the property in favour of his brother, Muthaal, as well as the petitioner.
Muthaal's son, one Ramar, had created two powers of attorney dated
05.04.2007 in favour of one, N.Krishnasamy. The power agent claimed that the
said Muthaal was dead when he was very much alive. On the strength of the
power of attorney, the said Krishnasamy alienated the property in favour of one
Aasha Devi on 25.06.2007.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/03/2025 07:08:00 pm )
3. The petitioner, having succeeded to the property by virtue of the
settlement deed dated 01.12.1955, wanted to settle the property in favour of his
two sons. When he presented the document for registration, it was refused by
the second respondent-Sub Registrar by the impugned order.
4. The settlement deed executed by the petitioner was refused on the
ground that there are several other documents pertaining to the very same
survey numbers, and therefore, it will amount to double entry in the register.
Challenging the same, the present writ petition.
5. Heard Mr.M.Ramasamy for the petitioner and Mr.P.T.Thiraviam,
learned Government Advocate for the respondents.
6. The issue raised in this writ petition is squarely covered by the
Judgment of this Court in T.Senthilvel vs. District Registrar
(Administration), Dindigul District and others, W.P.(MD).No.22114 of 2024
dated 17.10.2024. This Court held that merely because there is a double entry
in respect of the subject property, registration cannot be refused. Furthermore,
the Sub Registrar is neither a quasi-judicial authority nor does he possess the
jurisdiction to go into title in terms of Rule 55 of the Registration Rules.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/03/2025 07:08:00 pm )
7. Therefore, following the said Judgment in T.Senthilvel vs. District
Registrar (Administration), Dindigul District and others, W.P.(MD).No.
22114 of 2024 dated 17.10.2024, the writ petition is allowed. The impugned
order dated 10.01.2025 passed in check slip number 3 of 2025 by the second
respondent is quashed. The second respondent is directed to register the
settlement deed dated 10.01.2025 presented by the petitioner, within a period of
two weeks from the date of uploading of this order. No costs.
8. Call the matter after three weeks for reporting compliance.
19.03.2025
NCC : Yes/No
Index : Yes/No
Internet:Yes
skn
To
1. The Inspector General of Registration,
No.100, Santhome High Road,
Foreshore Estate,
Pattinapakkam,
Chennai-600 028.
2.The Sub Registrar,
Sattur,
Virudhunagar.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/03/2025 07:08:00 pm )
V.LAKSHMINARAYANAN, J.
skn
Writ Petition(MD)No.7316 of 2025
19.03.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/03/2025 07:08:00 pm )
