A.Shanmugam v. The Sub Registrar

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. A.Shanmugam 2.S.Vignesh Petitioner(s) Vs

1. The Sub Registrar Pappireddipatti SRO, Dharmapuri 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 relating to the impugned RFL/Pappireddipatti/3/2025 dated 24.02.2025 passed by the respondent, quash the same and consequently to direct the respondent to register the Sale Deed dated 18.02.2025 executed by the petitioners in favour of the 1st petitioner's grandson minor E.Haribalan, son of Late Elayabharathi rep. by his mother Tmt.A.Roja in respect of 2.23 1/2 acres in S.F.No. 19/4 Bairanatham Village, Pappireddipatti Taluk, Dharmapuri District.

2/6 For Petitioner(s):

Mr.N. Manoharan For Respondent(s):

Mr.U.Baranidharan Special Government Pleader

ORDER

This writ petition has been filed challenging the impugned refusal Check Slip issued by the respondent dated 24.02.2025 and for consequential direction to the respondent to register the Sale Deed dated 18.02.2025 and release the document.

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

3.The respondent has issued the refusal Check Slip mainly on the ground that the petitioners did not produced the Death Certificate and the Legalheirship Certificate.

3/6 4.In the considered view of this Court, the 1 st petitioner had filed a suit in O.S.No.8 of 2011 seeking for the relief of declaration and permanent injunction and the said suit was decreed by the learned District Munsif cum Judicial Magistrate, Pappireddipatti in O.S.No.8 of 2011 dated 13.07.2012. In the said suit, the status of the petitioner and also the particulars regarding the legal heirs are very much available. That apart, yet another suit has been filed in O.S.No.134 of 2019 seeking for relief of partition by the brother of the petitioner and his daughter and the said suit was rejected by order dated 02.08.2021 made in I.A.No.6 of 2021. Once again, another suit has been filed in O.S.No.126 of 2021 on the file of the Additional District Court, Dharmapuri for partition.

In this suit, the petitioner has filed an Interlocutory Application for rejection of plaint and since it was dismissed, the same has been put to challenge before this Court and it is pending in CRP No.501 of 2024 and this Court has granted an order of interim stay of the proceedings in the suit. 5.In view of the above, the relationship between the parties and also the legal heirs of the deceased Angachari is clearly revealed by these materials.

4/6 6.In any case, the respondent cannot go into the right and title over the property and for the present, there is a decree that stands in favour of the 1 st petitioner in O.S.No.8 of 2011.

7.In the light of the above discussion, the impugned refusal Check Slip issued by the respondent dated 24.02.2025, is hereby quashed and there shall be a direction to the respondent to register the Sale Deed, if it is otherwise in order. 8.In the result, this writ petition stands allowed with the above directions. No Costs.

30-04-2025 (2/2) Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To The Sub Registrar Pappireddipatti SRO, Dharmapuri District.

6/6 N.ANAND VENKATESH J.

ssr 30-04-2025 (2/2)