Manikandan vs The Sub Registrar
2024 Latest Caselaw 18266 Mad

Madras High Court

Manikandan vs The Sub Registrar on 12 September, 2024

Author: N.Sathish Kumar

Bench: N.Sathish Kumar

                                                                                         W.P.(MD)No.21725 of 2024


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED : 12.09.2024

                                                            CORAM:

                                  THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                                  W.P.(MD)No.21725 of 2024
                                                           and
                                                 W.M.P.(MD)No.18340 of 2024

                Manikandan                                                           ... Petitioner

                                                              Vs.


                The Sub Registrar,
                Thiruverumbur Sub Registration Office,
                Trichy 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            pertaining   to    the   impugned      Refusal    Check          Slip      in
                RFL/Thiruverumbur/252/2024 dated 19.08.2024 issued by the respondent and
                quash the same as illegal and unconstitutional and consequently direct the
                respondent herein to register the settlement deed dated 19.08.2024 presented by
                the petitioner.


                                          For Petitioner            : Mr.B.Jameelarasu

                                          For Respondent            : Mr.P.Subbaraj
                                                                      Special Government Pleader




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                                                                                         W.P.(MD)No.21725 of 2024




                                                            ORDER

This Writ Petition has been filed challenging the Refusal

RFL/Thiruverumbur/252/2024 dated 19.08.2024 on the file of the Respondent and

and to direct the respondent to receive and register the settlement deed dated

19.08.2024 presented by the Petitioner.

2. Heard the learned counsel appearing for the petitioner and the learned

Special Government Pleader for the respondent. By consent of both parties, this

writ petition is taken up for final disposal at the admission stage itself.

3. It is the case of the writ petitioner that the property in question

belongs to one Mareeson, who executed a Will dated 10.10.2022 in favour of the

petitioner. Thereafter, the petitioner executed a gift deed in favour of his wife.

When the said gift deed was presented for registration, the same was refused to be

registered on the ground that the Will dated 10.10.2022 is an unregistered

document. Challenging the same, the petitioner has filed this Writ Petition.

4.This Court, in the case of Subramani vs. Office of Sub-Registrar,

Rasipuram, in W.P.No.11056 of 2024, dated 26.04.2024, has categorically held

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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 had mechanically refused to register the document

presented by the petitioner.

5.Considering the above settled position of law, this Writ Petition is allowed

and the impugned order dated 19.08.2024 FRL/Thiruverumbur/252/2024 passed

by the respondent stands quashed. The respondent is directed to register the

settlement deed, dated 19.08.2024 executed in favour of the petitioner, within a

period of one week from the date of receipt of a copy of this order. Consequently,

connected miscellaneous petition is closed. No costs.

12.09.2024 NCC : Yes/No Index : Yes/No ta

To

The Sub Registrar, Thiruverumbur Sub Registration Office, Trichy District.

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N.SATHISH KUMAR, J.

ta

12.09.2024

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