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Madras High CourtWP/15945/2025allowed

C.Baby v. The Sub Registrar

2025-04-30Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. C.Baby W/o.Late.Chinnasamy Gounder, Aambirani Thottam, Ganapathipalayam Village, Kangeyam Taluk, Tiruppur District Petitioner(s) Vs

1. The Sub Registrar Kangeyam Sub Registrar Office, Tiruppur District Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issue of writ of Certiorarified Mandamus to call for the records pertaining to the Refusal Check slip in refusal number RFL/Kangeyam/35/2025 dated 16.4.2025 and to quash the same as illegal, incompetent and ultravires and consequently direct the respondent to register the partition deed dated 16.4.2025 entered among the petitioner and her daughters.

For Petitioner(s):

Mr.M.Guruprasad 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 16.04.2025 and for a consequential direction to the respondent to register the partition deed dated 16.04.2025 and to release the document.

2.

Heard Mr.M.Guruprasad, learned counsel for the petitioner and Mr.U.Bharanidharan, learned Special Government Pleader for respondent. 3.

The refusal check slip has been issued by the respondent mainly on the ground that the patta / revenue records stands in the name of third parties. 4.

In the considered view of this Court, the title of the petitioner and others was already declared by a competent Civil Court in OS No.166 of 2017 by judgement and decree dated 02.12.2024 before the Sub Court, Kangeyam. In view of the same, the very fact that the revenue records stand in the name of defendants in that suit, cannot dis-entitle the petitioner from dealing with the property.

5.

In view of the above, the impugned refusal check slip dated 16.04.2024 is hereby quashed and there shall be a direction to the respondent to register the partition deed dated 16.04.2025, if it is otherwise in order and release the same.

6.

This writ petition is allowed with the above directions. No costs. 30-04-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Sub Registrar Kangeyam Sub Registrar Office, Tiruppur District

N.ANAND VENKATESH J.

rka 30-04-2025