M.Kannan v. The District Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Kannan S/o.Mani Petitioner Vs
1. The District Registrar, Salem District, Salem.
2.The Sub Registrar, Edapadi, Salem 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 relating to the order made in Refusal Check Slip No.RFL/ Edapadi/26/2025 dated 07.04.2025 passed by the 2nd respondent, quash the same and consequently direct the 2nd respondent to register the Settlement deed dated 07.04.2025 presented by the petitioner for compulsory registration in accordance with the provisions of the Indian Registration Act, 1908.
For Petitioner : Mr.A.Saravanan For Respondents : Mr.K.Karthick Jagannath Government Advocate *****
O R D E R
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This writ petition has been filed challenging the impugned refusal check slip issued by the second respondent dated 07.04.2025 and for a consequential direction to the second respondent to register the settlement deed dated 07.04.2025 executed by the petitioner's father in favour of the petitioner.
2. Heard Mr.A.Saravanan, learned counsel for petitioner and Mr.K.Karthick Jagannath, learned Government Advocate appearing for respondent.
3. The refusal check slip has been issued by the second respondent mainly on the ground that the petitioner's father was relying upon an unregistered Will and there are multiple pattas standing in the name of different persons.
4. In the considered view of this Court, the petitioner's father is tracing title through a Will. Some of the pattas are standing in his name and he wants to settle the property in favour of the petitioner. Therefore, it is unnecessary for the 2nd respondent to go into the title to the property since he is not vested with such a power. In the light of the above 2/4
discussion, the impugned refusal check slip issued by the second respondent dated 07.04.2025 is hereby quashed. There shall be a direction to the second respondent to register the settlement deed, if it is otherwise in order.
This writ petition is allowed with the above direction. No costs. 29.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To
1. The District Registrar, Salem District, Salem.
2.The Sub Registrar, Edapadi, Salem District.
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N.ANAND VENKATESH, J gm 29.04.2025 4/4