Vijayakumar @Kumar v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Vijayakumar @ Kumar S/o.Kili @ Ramasamy ... Petitioner Vs.

1.The District Registrar, Krishnagiri District.

2.The Joint Sub-Registrar No.1, Joint Sub-Registrar Office, Krishnagiri, Krishnagiri District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings dated 07.11.2024 made in refusal check slip in RFL /1 Joint I Sub Registrar Krishnagiri /5 / 2025 issued on 27.01.2025 issued by the second respondent, quash the same as illegal improper, unreasonable, arbitrary and against the principles of natural justice and thereby direct the second respondent to register the settlement deed dated 24.01.2025 presented by the petitioner. For Petitioner : Mr.B.Sundarapandiyan For Respondents : Mr.P.Harish Government Advocate *****

O R D E R

This writ petition has been filed challenging the impugned 1/4

refusal check slip issued by the second respondent dated 27.01.2025 and for a consequential direction to the second respondent to register the settlement deed dated 24.01.2025 presented by the petitioner in favour of his wife.

2. Heard Mr.B.Sundarapandiyan, learned counsel for petitioner and Mr.P.Harish, learned Government Advocate appearing for respondents.

3. The refusal check slip has been issued by the second respondent mainly on the ground that there is a discrepancy in the name as between the one which is mentioned in the settlement deed and the one that is mentioned in the patta that has been relied upon by the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner's name is Vijayakumar @ Kumar S/o.Kili @ Ramasamy. In order to remove the doubts in the mind of the second respondent, the petitioner has also sworn to an undertaking affidavit. In spite of the same, the document was refused to be registered by the second respondent. 2/4

5. Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there are prima facie materials to show that the petitioner is none other than the son of Kili @ Ramasamy. It is evident from the joint patta that has been issued in favour of the petitioner in patta No.25. Therefore, it will suffice if a sworn affidavit is taken from the petitioner in this regard. In such an event, the settlement deed that is presented for registration shall be registered, if it is otherwise in order.

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

10.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm 3/4

N.ANAND VENKATESH, J gm To 1.The District Registrar, Krishnagiri District.

2.The Joint Sub-Registrar No.1, Joint Sub-Registrar Office, Krishnagiri, Krishnagiri District.

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