Thiruloga Sundaram v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2025

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Thiruloga Sundaram ... Petitioner Vs.

1. The District Registrar, Office of the District Registrar, Salem District.

2. The Sub-Registrar, Sub-Registrar Office, Dadapgapatti, Salem East Taluk, Salem District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus, calling for the records relating to the impugned order passed by the second respondent in refusal check slip Number: RFL/jhjfhg;gl;o/95/2025, dated 21.10.2024, and quash the same and consequently directing the 2nd respondent to register the adoption deed of the petitioner as per Temporary Acknowledgement No:TP/197473338/ 2024, dated:21.10.2024, within a stipulated time that may be fixed by this Hon'ble Court.

For Petitioner : Mr.K.Rajesh

For Respondents : Mr.U.Baranidharan, Special Government Pleader

O R D E R

This writ petition has been filed challenging the impugned refusal check slip issued by the second respondent dated 21.10.2024 and for a consequential direction to the second respondent to register the adoption deed of the petitioner dated 21.10.2024.

2. Heard Mr.K.Rajesh, learned counsel for the petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing for the respondents.

3. The second respondent has issued the refusal check slip merely on the ground that the adopted son has completed 15 years and as per Section 10(iv) of the Hindu Adoptions and Maintenance Act, 1956, the same is barred.

4. In the considered view of this court, the second respondent failed to take note of the fact that the adoption had taken place in the year 2012 itself and it is sought to be registered now. That apart, it was not necessary for the

second respondent to undertake such an exercise and refuse to register the document based on a legal ground.

5. In view of the above, there shall be a direction to the second respondent to register the adoption deed dated 21.10.2024, if it is otherwise in order.

6. In the result, this writ petition is allowed with the above directions. No costs.

25.02.2025 skr Index : Yes / No Speaking order / Non-speaking order To

1. The District Registrar, Office of the District Registrar, Salem District.

2. The Sub-Registrar, Sub-Registrar Office, Dadapgapatti, Salem East Taluk, Salem District.

N. ANAND VENKATESH, J.

skr 25.02.2025