Madras High Court
Kasthuri Thilagam vs District Registrar on 18 May, 2023
W.P.Nos.15629 and 15632 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.05.2023
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.Nos.15629 and 15632 of 2023
1.Kasthuri Thilagam
2.Kothainayagi ..Petitioners in
W.P.No.15629 of
2023
1.Vijayalakshmi
2.Vijaynarayanan Yadav ..Petitioners in
W.P.No.15632 of
2023
Vs
1.District Registrar,
Cuddalore District, Cuddalore.
2.The Sub Registrar,
Panruti Registration Sub Division,
Panruti. ..Respondents in
both W.Ps
Writ Petitions filed under Article 226 of the Constitution of
India praying to issue a writ of certiorarified mandamus to call for
the records of the second respondent made in refusal
Nos.RFL/Panruti/25/2023 and RFL/Panruti/25/2023 dated
21.04.2023 and to quash the same and consequently direct the
second respondent to register the documents/release deeds for
registration.
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Page 1 of 5
W.P.Nos.15629 and 15632 of 2023
For Petitioners : Mr.P.Paramasivadoss
in both W.Ps
For Respondents : Mr.Karthick Jaganathan,
Government Advocate
in both W.Ps
COMMON ORDER
Two separate writ petitions have been filed, one by the two
sisters of the settlee and the other by the sister-in-law and her son
again in favour of the same settlee wherein the petitioners had
presented the release deeds for registration which had been
refused to be registered by the second respondent/Sub Registrar
of Panruti Registration Sub District, Panruti, on the ground that a
suit in O.S.No.145 of 2014 had been decreed by judgment dated
28.04.2018 by the Principal Sub Court at Cuddalore wherein a
preliminary decree was passed granting 8/28 share to yet another
sister, who is a not a party to the present proceedings. When the
registration deeds have been presented by the petitioners herein,
refusal check slips have been issued by the second
respondent/Sub Registrar necessitating filing of the present writ
petitions.
2. It is submitted that consequent to such partition, the
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Page 2 of 5
W.P.Nos.15629 and 15632 of 2023
remainder portion of the lands are now being released by the
petitioners herein in favour of their own brother/settlee. It is trite
in law to point out that the Sub Registrar cannot insist on a
particular manner in which a property has to be dealt with within a
family. The property can be subdivided on the basis of partition,
the property can be further divided on the basis of relinquishment
made by an individual member of the family in favour of another
member of the family, the property could also be divided by way of
executing a settlement deed. When such a property is divided,
there will always be a fragment of a property which is left over.
That can also be dealt with independently. There cannot be one
particular document in which the comprehensive division of the
property could be presented before the Sub Registrar.
3. In the instant cases, a suit had been filed in which
8/28 share had been determined to fall to the share of one of the
sisters. The other sisters and the widow of the brother of settlee
and her son have now decided to relinquish their shares in favour
of the settlee. This is purely a transaction within the family and
cannot be objected to by the Sub Registrar. He cannot dictate the
terms on which relinquishment deed should be executed.
Therefore, the refusal check slips are interfered with by this Court
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Page 3 of 5
W.P.Nos.15629 and 15632 of 2023
and a direction is given to the second respondent to register the
documents if adequate stamp duty and registration charges have
been tendered at the time of registration.
4. The writ petitions stand disposed of accordingly. No costs.
18.05.2023
Index: Yes/No
Neutral Citation: Yes/No
mmi/kmk
To
1.The District Registrar,
Cuddalore District, Cuddalore.
2.The Sub Registrar,
Panruti Registration Sub Division,
Panruti.
https://www.mhc.tn.gov.in/judis
Page 4 of 5
W.P.Nos.15629 and 15632 of 2023
C.V.KARTHIKEYAN, J.
mmi/kmk
W.P.Nos.15629 and 15632 of 2023
18.05.2023
https://www.mhc.tn.gov.in/judis
