M.Santhoshkumar v. The District Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.06.2024
CORAM
THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR M.Santhosh Kumar .. Petitioner Vs 1.The District Registrar Coimbatore 2.The Sub Registrar Mettupalayam Sub Registrar Office Mettupalayam, Coimbatore .. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records relating with the impugned refusal check slip dated 18.01.2024 in RFL/Mettupalayam/4/2024 of the 2nd respondent and quash the same as illegal and consequently direct the 2nd respondent to register the settlement deed dated 18.01.2024 of the petitioner in respect of the properties in S.No.126/1 and 125/2, Pellathi Village, Mettupalayam Taluk, Coimbatore. For Petitioner : Mr.S.Saravana Kumar For Respondents : Mr.P.Anandha Kumar Government Advocate 1/4
O R D E R
With the consent of both sides, the Writ Petition has been taken up for disposal at the admission stage itself.
2. Challenging the impugned Refusal Check Slip dated 18.01.2024 of the 2nd respondent, this writ petition has been filed.
3. Heard learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record.
4. When the petitioner presented a Settlement Deed dated 18.01.2024 for registration, the same was refused to be registered by the 2nd respondent, on the ground that the parent document i.e., the will has not been registered, which only shows non-application of mind on the part of the 2nd respondent, because, the registration of a will is only optional and not mandatory. When such being the position, the refusal to register the subsequent document i.e., the Settlement Deed, is nothing but perverse. Hence, the impugned order passed by the 2nd respondent is set aside and the 2nd respondent is directed to register the Settlement Deed of 2/4
the petitioner, within a week's time from the date of receipt of a copy of this order.
With the above direction, this writ petition is allowed. No costs. 07.06.2024 gya Index : Yes/No To 1.The District Registrar Coimbatore 2.The Sub Registrar Mettupalayam Sub Registrar Office Mettupalayam, Coimbatore 3/4
N.SATHISH KUMAR, J.
gya 07.06.2024 4/4