Sikkandar vs The Sub-Registrar
2024 Latest Caselaw 21063 Mad

Madras High Court

Sikkandar vs The Sub-Registrar on 5 November, 2024

Author: G.K.Ilanthiraiyan

Bench: G.K.Ilanthiraiyan

                                                                                      W.P (MD).No.2729 of 2024


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED: 05.11.2024

                                                             CORAM

                            THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                                 W.P (MD).Nos.2729 of 2024

                Sikkandar                                                  ...Petitioner

                                                               Vs.

                The Sub-Registrar,
                Paramakudi,
                Ramanathapuram District.                                   ... Respondent


                Prayer:           Petition filed under Article 226 of the Constitution of India praying to
                issue a Writ of Certiorarified Mandamus, to call for the records relating to the
                proceedings of the Impugned Refusal Check Slip in RFL/Paramakudi/14/2023
                dated 03.05.2023 of the respondent and quash the same and further directing
                the respondent to receive and register the settlement deed dated 18.04.2023.


                                            For Petitioner      : Mr.G.Prabhu Rajadurai
                                            For Respondent      : Mr.S.P.Maharajan
                                                                  Special Government Pleader

                                                             ORDER

This writ petition has been filed challenging the impugned refusal

check slip, dated 03.05.2023, on the file of the respondent.

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2. The petitioner's mother had executed a settlement deed in his

favour in respect of the subject property. After execution of the settlement

deed, his mother passed away on 04.01.2024. Thereafter, the settlement deed

dated 18.04.2023 was presented for registration before the respondent.

However, the respondent refused to register the same by issuance of refusal

check slip on the ground that the patta stands in the name of the settlor namely

the petitioner's father. Further, the subject property is a water catchment area.

3. The duty of the Sub-Registrar has been dealt with in a detailed

manner by this Court in W.P.11056 of 2024, dated 26.04.2024 in the case of

Subramani Vs. Sub-Registrar and others.

4. Therefore, it would be appropriate to direct the respondent to

conduct fresh enquiry in the light of the order passed by this Court in W.P.

11056 of 2024, dated 26.04.2024 in the case of Subramani Vs. Sub-Registrar

and others and pass orders on the settlement deed presented by the petitioner

for registration.

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5. In view of the above, the petitioner is directed to represent the

settlement deed for registration executed by his mother and on receipt of the

same, the respondent is directed to conduct an enquiry in the light of the

judgment of this Court in W.P.11056 of 2024, dated 26.04.2024 in the case of

Subramani Vs. Sub-Registrar and others and pass orders on merits and in

accordance with law as expeditiously as possible after giving an opportunity of

hearing to the petitioner.

6. With the above direction, the writ petition is disposed of. No costs.

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                Index    : Yes/No                                                     05.11.2024
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                am




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                To

                The Sub-Registrar,
                Paramakudi,
                Ramanathapuram District.




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






                                  G.K.ILANTHIRAIYAN, J.

                                                             am









                                                   05.11.2024




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