R.Umamaheswari v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. R.Umamaheswari W/o. D. Rameshraju, No 110, Raja Street, Placepalayam, Abrahampuram Tiruvallur Taluk, Tiruvallur 601 201 Petitioner(s) Vs

1. The Sub Registrar Gummindipoondi Sub Registrar Office, Gummindipoondi, Thiruvallur District Respondent(s) PRAYER This writ petition has been filed for the issue of writ of Certiorarified Mandamus to Call for the records pertaining to the impugned Refusal Check Slip No RFL /Gummindipoondi / 60/ 2024 dated 31.12.2024 issued by respondent, quash the same and consequently direct the respondent to register and release the partition deed dated 30.12.2024 within a time frame fixed by this Court.

For Petitioner(s):

Mr.N.Monoharan for Mr.C.Harish For Respondent:

Mr.Karthik Jagannath Government Advocate

ORDER

This writ petition has been filed challenging the refusal check slip issued by the respondent dated 31.12.2024 and for a consequential direction to the respondent to register and release the partition deed dated 30.12.2024 within the time frame fixed by this Court.

2.

Heard Mr.N.Manoharan, learned counsel for the petitioner and Mr.Karthik Jagannath, learned Government Advocate, for respondent.

3.

The respondent has issued the refusal check slip mainly on the ground that the writ appeal in WA No.2585 of 2018 is pending. The next ground that has been stated in the refusal check slip is that the title is being traced through a patta and this patta stood in the name of eleven persons and whereas, the property is being sold by the legal heirs of one branch.

4.

On carefully going through the materials, it is seen that writ appeal No.2585 of 2018 has already been disposed of by the Division Bench of this Court by an order dated 02.01.2019. Insofar as the 2nd reason assigned by the respondent, it virtually goes into the

right and title over the property and that apart, even as per the recital in the partition deed, the rights of the legal heirs of late Himachalapathiraja has been clearly stated and it is also established by the revenue records through joint patta No.563. 5.

In the considered view of this Court, the reasons assigned in the refusal check slip are unsustainable and the same is liable to be interfered by this Court and accordingly, the refusal check slip No RFL /Gummindipoondi / 60/ 2024 dated 31.12.2024 issued by respondent is hereby quashed. There shall be a direction to the respondent to register the partition deed dated 30.12.2024, if it is otherwise in order.

6.

In the result, this writ petition is allowed. No costs. 17-03-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Sub Registrar Gummindipoondi Sub Registrar Office, Gummindipoondi, Thiruvallur District

N.ANAND VENKATESH J.

rka 17-03-2025