K.G.Rajendran v. The Sub Registrar
1/6
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-04-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH K.G.Rajendran Petitioner(s) Vs The Sub Registrar K.V.Kuppam (Kizh Vazhi Thunaiyankuppam), 40/ 1, Bazaar Street, K.V.Kuppam, Vellore District-632 102 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 relating to the impugned order of the respondent in Refusal Number:RFL/ Keezhvazhithunaiankuppam/1/2025 dated 13.01.2025 and quash the same and direct the respondent to register the Settlement Deed dated 13.01.2025 executed by the petitioner in favour of his daughter Mrs.M.Indhumathi in respect of the property, namely, Punjai Land of extent 20 Cents, comprised in S.No.214/B/1B
2/6 and portion of land of extent 4 Cents out of 51 Cents apportioned to Well comprised in S.No.214/A3 and 1/6th share in Well along with 3 HP motor, EB Service No.87 with deposit, Kizh Alathur Village, K.V.Kuppam Taluk, Vellore District, within the Registration District of Vellore and within the Sub Registration District of Kizh Vazhi Thunaiyankuppam, within the time limit to be fixed by this Court.
For Petitioner(s):
Mr.S.Anil Sandeep For Respondent(s):
Mr.R.Sasikumar Government Advocate
ORDER
This writ petition has been filed challenging the impugned refusal Check Slip issued by the respondent dated 13.01.2025 and for a consequential direction to the respondent to register the Settlement Deed dated 13.01.2025 executed by the petitioner in favour of his daughter with respect to the subject property.
2.Heard Mr.S.Anil Sandeep, learned counsel appearing on behalf of the petitioners and Mr.R.Sasikumar, learned Government Advocate appearing on behalf of the respondent.
3/6 3.The refusal Check Slip has been issued by the respondent mainly on the ground that there was no title document available in order to establish the right and title of the petitioner in the subject property. 4.On carefully going through the materials placed before this Court, it is seen that the subject property came in favour of the petitioner's mother under a registered Partition Deed dated 18.10.2000 registered as Document No.1310 of 2000. In that Partition Deed, Schedule 'A' property was allotted in favour of the petitioner's mother. The petitioner's mother had executed a Will dated 04.04.2012 bequeathing the property in favour of the petitioner. She died on 13.07.2012 and thereafter, the property vested on the petitioner. The petitioner wanted to settle this property in favour of his daughter. When the Settlement Deed was presented for registration, it was refused to be registered. 5.The documents placed before this Court shows that the petitioner has properly traced the right. It is enough for the respondent to be prima facie
4/6 satisfied with the title and it is not necessary for the respondent to go into complicated questions of title. The law on this issue was settled by the Apex Court in the recent judgement in K.Gopi vs. Sub Registrar and others reported in 2025 2 CTC 777.
6.In the light of the above discussion, the impugned refusal Check Slip dated 13.01.2025 issued by the respondent is hereby quashed and there shall be a direction to the respondent to entertain and register the Settlement Deed, if it is otherwise in order.
7.In the result, this writ petition stands allowed with the above directions. No Costs.
24-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr
5/6 To The Sub Registrar K.V.Kuppam (kizh Vazhi Thunaiyankuppam), 40/ 1, Bazaar Street, K.V.Kuppam, Vellore District-632 102
6/6 N.ANAND VENKATESH J.
ssr 24-04-2025