Madras High Court
Sakthivel vs The Sub Registrar on 15 May, 2025
W.P.No.16633 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.05.2025
CORAM
THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN
W.P.No.16633 of 2025
Sakthivel ..Petitioner
Vs
1. The Sub Registrar,
Pennagaram, Dharmapuri.
2 Muniraji.
3 Rubanchakravarthy
4 Deepanchakravarthy ..Respondents
PRAYER: The writ petition has been filed under Article 226 of the
Constitution of India for issuance of a writ of Certiorari Mandamus to Call for
the records of the 1st respondent in refusal number RFL/ Pennagaram/ 63/ 2025
dated 09.04.2025 and quash the same and consequently direct the respondent to
register the sale deed dated 09.04.2025.
For Petitioner: Mr. M. Jaisingh
For Respondent : Mr. Karthik Jaganath
Government Advocate
for R1
1/4
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W.P.No.16633 of 2025
ORDER
The writ petition has been filed for issuance of a writ of Certiorari
Mandamus to Call for the records of the 1st respondent in refusal number RFL/
Pennagaram/ 63/ 2025 dated 09.04.2025 and quash the same and consequently
direct the 1st respondent to register the sale deed dated 09.04.2025.
2. The case of the petitioner is that the property situated in Survey
No.576/1 to an extent of 1.83 acres at Pennagaram Sub division, Pennagaram
Taluk, Dharmapuri District, belonged to one Mr.Munusamy. A suit was
presented in O.S.No.70 of 1987 on the file of the Subordinate Court,
Dharmapuri for specific performance of an agreement of sale. The suit was
decreed. On the strength of the said decree, E.P.No.48 of 1991 was presented
before the Court. The learned Subordinate Judge executed a sale deed in
favour of the said Munusamy and possession was also taken pursuant to the
orders dated 27.12.2002.
3.Mr.Munusamy, after having obtained a property, on 07.07.2010, had
execued a settlement deed, in favour of his son. The same was registered in
Document No.1733 of 2010. The respondent nos.2 to 4, who are the
ancessesstors in interest of the said Munusamy executed a sale deed in favour
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of the writ petitioner on 09.04.2025. When the same was presented for
registration, the first respondent refused to register the same on the ground that
there is already another document over the very same survey number. Hence,
the writ petition.
4. Heard Mr.M.Jaisingh, learned counsel for the writ petitioner and
Mr.K. Karthik Jaganath, learned Government Advocate, for the respondent
No.1.
5. The ground on which, the document has been refused to be registered
is the fear of double entry in the records. The Hon'ble Mr.Justice
Sathishkumar has held in T.Sakthivel /vs/ Sub Registrar in
W.P.(MD)No.2214 of 2024 dated 17.10.2024 that the Sub Registrar cannot
refuse the registration of a document on the ground of double entry.
6. Respectfully applying the said judgment of the facts of the case, the
impugned order is quashed. There shall be a mandamus as prayed for. The first
respondent shall register the document within a period of two weeks from the
date of uploading of the order on the website of this Court.
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V. LAKSHMINARAYANAN, J.
mrp/sms
7. With the above directions, this writ petition is allowed. No costs.
15.05.2025
mrp/sms
To
1. The Sub Registrar,
Pennagaram, Dharmapuri.
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