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Madras High CourtWP/5522/2026disposed of

Govindammal v. The Sub-Registrar

2026-02-24Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-02-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY Govindammal W/o.Pachappan Alias Pachaiyappan 64A, Pattanoor Village, Baleguli Post, Kaveripattinam Union Krishnagiri Taluk and District.

..Petitioner Vs The Sub-registrar Office of Sub Registrar Kaveripattinam, Krishnagiri, Krishnagiri District.

..Respondent Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records leading to the impugned refusal check slip no. TP/201889623/2024 dated 25.11.2024 issued by the respondent and quash the same and consequently direct the respondent to register the release deed dated 25.11.2024 presented for registration before the respondent.

For Petitioner:

Mr. C.Jagadish For Respondent:

Mr. U.Baranidharan, Spl. G.P.

ORDER

The petitioner's father-in-law had two sons, namely Vellaiyan and Pachappan. As between them, there was an oral partition. The share allotted to

Vellaiyan was sold under registered sale deed dated 22.04.1987. The purchasers did not apply for separate patta and therefore only a joint patta had been issued. Intending to release the 1/3rd share of the petitioner in favour of her sons, release deed dated 25.11.2024 was presented for registration. The request was declined under impugned refusal check slip dated 25.11.2024.

2. Learned counsel for the petitioner referred to sale deed dated 22.04.1987 and pointed out that the boundaries were specified even at that time. He also adds that the petitioner has indicated in the release deed that she is releasing her 1/3rd share to her two sons, who already have 2/3rd share in the property of their father. Consequently, learned counsel submits that there should be no impediment for registration.

3. Mr.U.Baranidharan, learned Special Government Pleader, accepts notice for the sole respondent. Referring to the impugned refusal check slip, he submits that the primary ground of refusal is that the names of ten persons are mentioned in the relevant joint pattas. In any event, he submits that the matter would be re-examined after issuing notice to parties concerned.

4. The petitioner has placed on record sale deed dated 22.04.1987, which was executed by Vellaiyan. The release deed relates to the 1/3rd share claimed by the petitioner in the property of her deceased husband Pachappan. In these

circumstances, reconsideration is warranted after issuing notice to the joint pattadhars. To facilitate the same, the impugned refusal check slip is set aside and the petitioner is permitted to re-present the release deed within two weeks from the date of receipt of a copy of this order. Subject to fulfilment of other requirements relating to registration, the registering officer shall either register the release deed or issue a speaking order of refusal. This action shall be taken within thirty days from the date of re-presentation.

5. The writ petition stands disposed of on the above terms without any order as to costs.

24-02-2026 Index : Yes/No Internet:Yes/No kj To The Sub-registrar Office of Sub Registrar Kaveripattinam, Krishnagiri, Krishnagiri District.

SENTHILKUMAR RAMAMOORTHY, J.

KJ 24-02-2026