S.Keerthika v. The Sub Registrar

1/6

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. S.Keerthika 2.S.Shabarirajan Petitioner(s) Vs The Sub Registrar Office Of The Sub Registrar-Punjai Puliyampatti, Erode District Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the respondent in relation to the Refusal Check Slip in Refusal Number:RFL/Punjai Puliampatti/12/2025 dated 26.02.2025 and quash the same and to consequently direct the respondent to register the release deed executed by the petitioners in

2/6 favour of their father Thiru N. Sakthivel dated 26.02.2025 within a time frame as fixed by this Court.

For Petitioner(s):

Mr.M.R.Thangavel For Respondent(s):

Mr.U.Baranidharan Special Government Pleader

ORDER

This writ petition has been filed challenging the impugned refusal check slip dated 26.02.2025 issued by the respondent and for a consequential direction to the respondent to register the Release Deed executed by the petitioners in favour of their father dated 26.02.2025.

2.Heard Mr.M.R.Thangavel, learned counsel appearing on behalf of the petitioners and Mr.U.Baranidharan, learned Special Government Pleader appearing on behalf of the respondent.

3.The refusal check slip has been issued by the respondent mainly on the ground that the deceased left behind five legal heirs and that the petitioners only

3/6 have 2/5 th share in the property. But however, they are releasing 2/3 rd share in the property.

4.The reasoning given by the respondent is unsustainable. Since the petitioners are the son and daughter of the deceased, they wanted to release their share in favour of the father who is also one of the legal heir who was left behind by the deceased. The other two legal heirs are the father and mother of the deceased. They will not get any share since the husband, son and daughter will inherit the entire property in the proportion of 1/3 rd share each. In view of the same, the very reasoning given by the respondent is unsustainable and it requires the interference of this Court.

5.In the light of the above discussion, the impugned refusal Check Slip dated 26.02.2025 issued by the respondent is hereby quashed and there shall be a direction to the respondent to register the Release Deed, if it is otherwise in order.

4/6 6.In the result, this writ petition stands allowed with the above direction. No Costs.

14-03-2025 (2/2) Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To The Sub Registrar Office Of The Sub Registrar Punjai Puliyampatti, Erode District

6/6 N.ANAND VENKATESH J.

ssr 14-03-2025 (2/2)