Shenbagapriya v. The District Registrar (Administration)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH SHENBAGAPRIYA W/o.Kumar, No.99/2, Sellipalayam, Koshanam, Nambiyur Taluk, Erode District-638458 Petitioner Vs

1. The District Registrar (administration) Erode District, Erode.

2.The Sub-register, Nambiyur Sub-register Office, Nambiyur, Erode District.

Respondent(s) Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus, to call for the records in pertaining to the impugned refusal Number RFL/Nambiyur/12/2025 dated 15.04.2025 of the 2nd respondent and quash the same as illegal, consequently direct the 2nd respondent to register the document presented by the Petitioner in respect of survey 1/4

Nos.584/1 and 584/2 for an extent of 1.68.00 hectares and 2.16.50 hectares situated at Koshanam Village, Nambiur Taluk, Erode District. For Petitioner :

Mr.V.Ilanchezian For Respondents :

Mr.K.Karthick Jagannath Government Advocate *****

O R D E R

The writ petition has been filed challenging the impugned refusal check slip issued by the second respondent dated 15.04.2025 and for a consequential direction to the second respondent to register the Patition Deed dated 15.04.2025 and release the document.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

3. The impugned refusal check slip has been issued by the second respondent only on the ground that the Will that has been relied upon by the petitioner is an unregistered Will. The issue that is involved in the present case is squarely covered by earlier order of this Court in W.P.No.16999 of 2020 dated 03.12.2020.

4. In view of the same, the impugned refusal check slip dated 15.04.2025 issued by the second respondent is hereby quashed and there shall be a direction to the second respondent to register the Partition 2/4

Deed dated 15.04.2025, if it is otherwise in order. In the result, the Writ Petition is allowed. There shall be no order as to costs.

30.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order mk To

1. The District Registrar (administration) Erode District, Erode.

2.The Sub-register, Nambiyur Sub-register Office, Nambiyur, Erode District.

3/4

N.ANAND VENKATESH, J mk 30.04.2025 (1/3) 4/4