Valliammal v. The District Registrar

1/5

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Valliammal Petitioner(s) Vs

1. The District Registrar Tiruppur, Tiruppur District 2.The Sub Registrar Kaniyur, Tiruppur District 3.Sivakumar Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of order dated 13.2.2025 bearing refusal number RFL/Kaniyur/1/2025 on the file of 2nd respondent and quash the same and consequently direct the 2nd respondent to register and release the settlement deed dated 13.2.2025 to the petitioner within stipulated time.

2/5 For Petitioner(s):

Mr.K.Myilsamy For Respondent(s):

Mr.U.Baranidharan Special Government Pleader for R1 and R2

ORDER

This writ petition has been filed challenging the impugned refusal Check Slip dated 13.02.2025 issued by the 2 nd respondent and for a consequential direction to the 2 nd respondent to entertain the Settlement Deed dated 13.02.2025 executed by the petitioner in favour of her daughter. 2.Heard Mr.K.Myilsamy, learned counsel appearing on behalf of the petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing on behalf of respondents 1 and 2.

3.The impugned refusal Check Slip has been issued by stating that two Sale Agreements have been registered in the year 2012 and 2015 and the same has not been cancelled.

3/5 4.In the considered view of this Court, the issue involved in the present case is squarely covered by the Division Bench judgement of this Court in N.Ramayee vs. Sub Registrar, Registration Department and Another reported in 2020 6 CTC 697. The mere execution of the sale agreement will not stop the owner of the property from dealing with the property. 5.In view of the above, the impugned refusal Check Slip dated 13.02.2025 issued by the 2 nd respondent is hereby quashed and there shall be a direction to the 2 nd respondent to entertain the Settlement Deed and register the same, if it is otherwise in order.

6.In the result, this writ petition stands allowed with the above directions. No Costs.

21-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

4/5 To 1.The District Registrar Tiruppur, Tiruppur District 2.The Sub Registrar Kaniyur, Tiruppur District

5/5 N.ANAND VENKATESH J.

ssr 21-04-2025