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Madras High CourtWP/1718/2025allowed

S.Arthanareeswaran v. The Sub Registrar

2025-01-28Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 1718 of 2025 S. Arthanareeswaran ... Petitioner Vs The Sub Registrar, Avalpundurai Sub Registrar Office, Erode District.

...Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus, to call for the records pertaining to the Refusal Check Slip in refusal number RFL/Avalpoondurai/147/2024 dated 26.12.2024 and to quash the same as illegal, incompetent and ultravires and consequently direct the respondent to register the Settlement Deed dated 26.12.2024 executed by the petitioner.

For Petitioner : Mr.M.Guruprasad For Respondent 1 : Mr M.Shahjahan, Special Government Pleader

ORDER

The Writ Petition is filed to quash the impugned Refusal Check RFL/Avalpoondurai/147/2024 dated 26.12.2024 and consequently direct 1/4

the respondent to register the settlement deed dated 26.12.2024, without insisting for original partition deed.

2. A Refusal Check Slip has been issued directing the petitioner to produce the original partition deed.

3. In the light of the Judgement passed by this Court in Ramayee - Vs - The Sub Registrar and others - (2020 (6) CTC 697), the impugned order cannot be sustained.

4. The Writ Petition is allowed and the impugned order dated 26.12.2024 is quashed. The respondent is directed to register the settlement deed dated 26.12.2024, within a period of 2 weeks from the date of representation of the document. No costs. 28.01.2025 Index: Yes/No Speaking order/non-speaking order srn 2/4

To, The Sub Registrar, Avalpundurai Sub Registrar Office, Erode District.

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P.T.ASHA, J., srn W.P.No. 1718 of 2025 28.01.2025 4/4