Kairunnisa v. The District Registrar (Administration)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.04.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Kairunnisa W/o.Sailabuddeen, No 6, 2nd Street, Othavadai Street, Acharapakkam, Chengalpattu - 603 301.

Petitioner Vs

1. The District Registrar (Administration) O/o District Registrar, Chengalpattu, Chengalpattu District.

2.The Sub Registrar, Sub Registrar Office, Acharapakkam, Chengalpattu 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 and quash the refusal slip RFL/Acharapakkam/38/2025 issued by the 2nd respondent dated 26.02.2025 and direct the 2nd respondent to register the settlement deed presented by the petitioner in respect the property measuring an extent of 969 sqft comprised in Old S.No.234A/1C, New S.No.234A/1C1F2D, bearing Patta No.3364 as per Patta S.No.234A/1C1F2D2B situated at Acharapakkam village, Maduranthagam Taluk, Chenglapattu District.

For Petitioner : Mr.P.Arunkumar 1/4

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

O R D E R

This writ petition has been filed challenging the refusal check slip issued by the second respondent dated 26.02.2025 and for a consequential direction to the second respondent to register the settlement deed presented by the petitioner and to release the same.

2. Heard Mr.P.Arunkumar, learned counsel for petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing for respondents.

3. The second respondent has issued the refusal check slip mainly on the ground that the title deed that is relied upon by the petitioner has been declared to be a fraudulent document by the District Registrar, Chengalpattu, through proceedings dated 28.06.2022 under Section 77-A of the Registration Act. In view of the same, the settlement deed was refused to be registered.

4. In the considered view of this Court, if the petitioner is aggrieved by the order passed by the District Registrar under Section 772/4

A of the Registration Act, it is left open to the petitioner to challenge that order and seek for a consequential direction. Except giving this liberty, no further orders can be passed in this writ petition. This writ petition is disposed granting liberty to the petitioner to file a fresh writ petition. No costs.

03.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To

1. The District Registrar (Administration) O/o District Registrar, Chengalpattu, Chengalpattu District.

2.The Sub Registrar, Sub Registrar Office, Acharapakkam, Chengalpattu District.

N.ANAND VENKATESH, J gm 3/4

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