Madras High Court
Nagallammal vs The Sub Registrar on 9 August, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.(MD)No.11400 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD)No.11400 of 2022
and W.M.P.(MD)No.8104 of 2022
Nagallammal ... Petitioner
Vs.
The Sub Registrar,
Paramakudi Sub Registrar Office,
Paramakudi Taluk,
Ramanathapuram District. .... Respondent
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Certiorarified Mandamus to call for the
records of the impugned refusal check slip No.RFL/Paramakudi/7/2022 dated
14.04.2022 on the file of the respondent to quash the same and further directing
the respondent to register the settlement Deed dated 11.04.2022 executed by the
petitioner to the Petitioner's sons and Daughters.
For Petitioner : Mr.K.Vinoharan
For Respondent : Mr.C.Satheesh,
Govt. Advocate
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.11400 of 2022
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of
Certiorarified Mandamus to call for the records of the impugned refusal check slip
No.RFL/Paramakudi/7/2022 dated 14.04.2022 on the file of the respondent to
quash the same and further directing the respondent to register the settlement Deed
dated 11.04.2022 executed by the petitioner to the Petitioner's sons and Daughters.
2. Heard learned counsel for the petitioner and the learned Government
Advocate appearing for the respondent and perused the materials available on
record.
3. It is the case of the petitioner that the subject property originally
belongs to the petitioner's husband, by virtu of sale deeds and settlement deeds.
During his life time, he executed a Will dated 02.11.2018, bequeathing the said
properties in favour of the petitioner. After his demise, the petitioner has become
the owner of the subject property. Thereafter, the petitioner executed a settlement
deed dated 11.04.2022 in favour of her sons and daughters. When the petitioner
presented the settlement deed for registration, the same was refused to be
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registered on the ground that the Will dated 02.11.2018 is an unregistered
document and further insisted the petitioner to produce the patta in respect of the
subject property. Challenging the same, the petitioner has filed this Writ Petition.
4. The learned counsel for the petitioner submitted that the petitioner
has also obtained patta in respect of the subject property. However, the respondent
without considering the same, passed the impugned order, whereby insisting the
petitioner to produce the patta. Therefore, the impugned order is liable to be set
aside.
5. This Court, in Subramani v. Office of Sub-Registrar, Rasipuram, in
W.P.No.11056 of 2024, dated 26.04.2024, has categorically held that refusals
cannot be ordered automatically. Pursuant to the said judgment, a detailed circular
was already issued by the Inspector General of Registration, Chennai, in Circular
No.22482/C1/2022, dated 12.07.2024, and in spite of the said circular, the
authorities mechanically refused to register the documents.
6. Considering the above settled position of law, this Writ Petition is
allowed and the impugned order dated 14.04.2022 passed by the respondent stands
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quashed. The respondent is directed to register the settelment deed dated
11.04.2022, executed by the petitioner, within a period of one week from the date
of receipt of a copy of this order. Consequently, connected miscellaneous petition
is quashed.
09.08.2024
NCC : Yes/No
Index : Yes/No
vsm
https://www.mhc.tn.gov.in/judis
To
The Sub Registrar,
Paramakudi Sub Registrar Office,
Paramakudi Taluk,
Ramanathapuram District.
https://www.mhc.tn.gov.in/judis
N.SATHISH KUMAR, J.
vsm
09.08.2024
https://www.mhc.tn.gov.in/judis
