V.Kaliammal vs The Sub Registrar
2023 Latest Caselaw 1934 Mad

                                                                             W.P.(MD) No.12 of 2020



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 06.03.2023

                                                     CORAM:

                                   THE HONOURABLE MS.JUSTICE P.T.ASHA

                                              W.P.(MD) No.12 of 2020

                     1.V.Kaliammal
                     2.V.Petchiammal
                     3.V.Mariammal                                          .. Petitioners

                                                         Vs.

                     The Sub Registrar,
                     The Office of the Sub Registrar,
                     Rajapalayam Town,
                     Viruthunagar District.                                 .. Respondent

                     Prayer :- Petition filed under Article 226 of the Constitution of India,
                     praying for issuance of Writ of Mandamus directing the respondents to
                     consider the representation dated 18.11.2019 for registering the
                     settlement deed executed by the petitioners.


                                   For Petitioners   :     Mr.M.Vijayarathinam

                                   For Respondent    :     Mr.T.Amjadkhan
                                                           Government Advocate



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                                                                                 W.P.(MD) No.12 of 2020




                                                         ORDER

This Writ Petition is filed for issuance of Writ of Mandamus

directing the respondents to consider the representation dated

18.11.2019, which has been made to grant permission to register the

settlement deed which the first petitioner proposed to grant it in favour of

her son Azhaguraja.

2. Perusal of the record and the arguments of both the learned

counsel for the petitioner and the learned Government Advocate would

indicate that there was a civil dispute between the petitioners herein and

others in O.S.No.944 of 2004, which was a suit filed for partition and the

petitioners herein have been arrayed as defendants 2 to 4 therein. The

plaintiffs in the said suit are the petitioners' paternal aunt and children of

the petitioners' paternal aunts. The said suit, after contest, has been

dismissed. By filing the partition suit, the plaintiffs had recognised that

the petitioners and the other defendants have right to the suit property. It

appears that there is no appeal filed against the said judgment. Now, the

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petitioners seek to execute the settlement deed in favour of Azhaguraja,

son of the first petitioner herein and the same is not being proceeded

with.

3. In the counter affidavit that has been filed by the respondent, the

Sub Registrar would state that there is a joint patta in respect of the

property in question and the property does not belong to the petitioners'

father alone. By this statement, the respondent tacitly admits that the

father of the petitioners viz., Veeraputhiram and his siblings are also joint

patta holders. In these circumstances, there is no reason as to why the

respondent should refuse to register the settlement deed presented for

registration particularly when there is no restraint for the execution of the

same.

4. In these circumstances, although this petition is for considering

the representation, on hearing the parties and perusing the affidavit and

counter affidavit, this Court directs the respondent to register the

settlement deed presented by the petitioners within a period of four

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weeks from the date of receipt of a copy of this order. The settlee only

gets the share that his settlor has in the property.

5. With the above direction, this Writ Petition is allowed. No

costs.

06.03.2023

NCC : Yes/No Index : Yes/No Internet : Yes

abr

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https://www.mhc.tn.gov.in/judis W.P.(MD) No.12 of 2020

To

The Sub Registrar, The Office of the Sub Registrar, Rajapalayam Town, Viruthunagar District.

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https://www.mhc.tn.gov.in/judis W.P.(MD) No.12 of 2020

P.T.ASHA, J.

abr

W.P.(MD) No.12 of 2020

Dated: 06.03.2023

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