Peruma v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Peruma W/o.Sellamuthu Petitioner Vs The Sub-Registrar, Registration Department, Pochampalli, Krishnagiri District Respondent 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 in Refusal Check Slip bearing Number RFL/Pochampalli/46/2024 dt. 07.11.2024 on the file of the respondent herein, quash the same and consequently, direct the respondent herein to register the Settlement Deed dt. 07.11.2024 executed by the petitioner to and in favour of Murugan within a stipulated period.

For Petitioner : Mr.K.Govi Ganesan For Respondent : Mr.U.Baranidharan Special Government Pleader ***** 1/4

O R D E R

This writ petition has been filed challenging the impugned refusal check slip dated 07.11.2024 issued by the respondent and for a consequential direction to the respondent to register the settlement deed executed by the petitioner in favour of his son.

2. Heard Mr.K.Govi Ganesan, learned counsel for petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing for respondent.

3. The refusal check slip has been issued by the respondent on two grounds. The first ground is that there is a pending suit in O.S.No.248 of 2023 on the file of Sub-Court, Uthangarai, against the original vendor and others. The second ground is that there is a discrepancy in the boundaries as between the original sale deed and the present settlement deed.

4. In the considered view of this Court, mere pendency of the suit cannot be a ground for refusal to register the settlement deed. Insofar as the discrepancy in the boundaries is concerned, learned counsel for the 2/4

petitioner justified the boundaries mentioned in the settlement deed by comparing the same with the sale deed/rectification deed. In the considered view of this Court, if the respondent wants to clarify the boundaries, he has to make a spot inspection and satisfy himself. Hence, there shall be a direction to the respondent to entertain the document and verify the papers and thereafter, register the settlement deed, if it is otherwise in order.

This writ petition is allowed with the above direction. No costs. 16.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To The Sub-Registrar, Registration Department, Pochampalli, Krishnagiri District.

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N.ANAND VENKATESH, J gm 16.04.2025 4/4