Madras High Court
Veeralakshmi vs The District Registrar on 9 September, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.P(MD)No.24339 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.09.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.24339 of 2025
Veeralakshmi ... Petitioner
Vs.
1.The District Registrar,
Virudhunagar District,
Virudhunagar.
2.The Sub Registrar,
Sub Registrar Office,
M.Rediyapatti,
Virudhunagar District. ... 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 pertaining to the Refusal Check Slip by its Refusal No.
RFL/M Rettiyapatti/13/2025 issued by the second respondent dated
21.08.2025 and quash the same as unlawful and unsustainable
consequently directing the second respondent to register the Gift
Settlement Deed dated 18.08.2025 as and when the same is presented by
the petitioner.
1/6
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W.P(MD)No.24339 of 2025
For Petitioner : Mr.S.Kishore Kumar
For Respondents : Mr.D.Gandhiraj
Special Government Pleader
ORDER
Heard both sides.
2.The writ petitioner's father purchased the petition mentioned
property vide Document No.544/1992. Vide Document No.698/1997,
the writ petitioner's father settled the property in favour the writ
petitioner. Now the petitioner wants to settle the property in favour of
her son. To this effect, document dated 18.08.2025 was executed and
presented for registration. The registering authority pointed out that in
respect of the very same property, sale deed bearing Document No.
618/1988 had been issued in favour of one Subburamu and therefore the
petitioner's settlement deed cannot be accepted for registration. To this
effect, the impugned refusal check slip was issued. The same has been
put to challenge in this writ petition.
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3.The learned Special Government Pleader is right in his
contention that one Subburamu is shown as title holder in terms of a prior
transaction. In other words, this is the case of double entry.
4.The learned counsel for the petitioner draws my attention to the
order dated 23.04.2025 made in W.P(MD)No.11299 of 2025 (Amulraj
Vs The Sub Registrar, Office of Sub Registrar, Sanarpatt, Dindigul
District). A learned Judge of this Court had quashed the refusal check
slip in similar circumstances. The order dated 17.12.2024 rendered in
W.P(MD)No.22114 of 2024 (T.Senthilvel Vs District Registration,
Administration and two others) has been relied on for passing the said
order. In the case on hand, the document in favour of the writ petitioner
was already registered. The revenue record stands in the name of the writ
petitioner. Patta stood originally in the name of Gurusamy Chettiyar and
it was mutated in favour of the writ petitioner in the year 2016. Patta No.
510 has been enclosed in the typed set of papers. I am therefore inclined
to follow the approach indicated in W.P(MD)No.11299 of 2025.
Paragraphs 8, 11 and 12 of the said order read as follows:
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“8.Under Rule 55 of the Registration Rules, it is
not the concern of the registering authority to gone into
the issue of title. There are regularly constituted civil
Courts, which are empowered to deal with the said issue.
The civil Courts neither require the assistance nor the
status provided by the Sub Registrar in order to come to a
conclusion.
...
11.With respect to the plea of double entry also, the
issue has been settled by a judgment of this Court in
T.Senthilvel vs District Registration, Administration and
two others in W.P(MD)No.22114 of 2024, dated
17.12.2024.
12.In the light of the above discussion, the
impugned order, dated 21.03.2025 passed by the
respondent is quashed. There shall be direction to the
respondent to register the settlement deed executed by the
petitioner in favour of his daughter within a period of two
weeks from the date of receipt of a copy of this order. The
Writ Petition is allowed accordingly. No costs.”
5.In this view of the matter, the impugned refusal check slip is
quashed. The petitioner is directed to re-present the document. It shall
be registered and released subject to the fulfilment of the other usual
formalities.
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6.This writ petition is allowed accordingly. No costs.
09.09.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
MGA
To
1.The District Registrar,
Virudhunagar District,
Virudhunagar.
2.The Sub Registrar,
Sub Registrar Office,
M.Rediyapatti,
Virudhunagar District.
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G.R.SWAMINATHAN, J.
MGA
09.09.2025
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