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Madras High CourtWP/2430/2025allowed

Mangaikarasi v. The Sub Registrar

2025-01-31Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 31.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 2430 of 2025 Mangaikarasi

...Petitioner

Vs.

The Sub Registrar, The Sub Registrar Office, Guduvancherry, Chengalpet District.

...Respondent

Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent to register the petitioner's release deed dated 21.12.2024 in T.P/204754460/2024 in connection with the property in Plot No.29 & 33, situated in Mannivakkam Village, Vandalur Taluk, Chengalpet District, comprised in S.No.188/1 in Patta No.10327, measuring total extent of 5000 sq.ft., or to issue refusal check slip in respect of TP/204754460/2024. 1/6

For Petitioner :

Mr. B.Manimaran For Respondent :

Mr. M.Shahjahan Special Government Pleader.

O R D E R

The Writ Petition is filed for the following relief: "To direct the respondent to register the petitioner's release deed dated 21.12.2024 in T.P/204754460/2024 in connection with the property in Plot No.29 & 33, situated in Mannivakkam Village, Vandalur Taluk, Chengalpet District, comprised in S.No.188/1 in Patta No.10327, measuring total extent of 5000 sq.ft., or to issue refusal check slip in respect of TP/204754460/2024."

2. It is the case of the petitioner that her husband purchased the subject property vide sale deed dated 25.08.1986. Patta No.10327 was issued in the name of the petitioner's husband. Thereafter, the 2/6

petitioner died on 04.06.1996, leaving the petitioner and his daughter as his surviving legal heirs.

3. It is the case of the petitioner that she decided to release her share in the subject property to her daughter. Accordingly, the petitioner presented the release deed before the respondent. The respondent orally informed the petitioner that the registration could not be done. The petitioner requested the respondent to issue a refusal check slip. However, the respondent did not issue the refusal check slip. Therefore, the petitioner is before this Court.

4. Heard the learned counsels on the either side and perused the records.

5. Considering the limited relief that is sought for, a mandamus is issued to the respondent. The respondent shall either register the document or if they are refusing, shall pass a speaking orders, within a period of 2 weeks from the date of receipt of a copy of this order. 3/6

6. The Writ Petition is allowed. No costs.

31.01.2025 Index : Yes/No Internet : Yes/No kan 4/6

To The Sub Registrar, The Sub Registrar Office, Guduvancherry, Chengalpet District.

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P.T. ASHA, J, kan W.P.No. 2430 of 2025 31.01.2025 6/6