Madras High CourtWP/24434/2026disposed of

P.Kuppayee @ Thavamani v. The Sub Registrar

2026-06-30Honourable Mr Justice Krishnan Ramasamy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-06-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY P.Kuppayee @ Thavamani ..Petitioner(s) Vs The Sub Registrar o/o.Sub Registrar office, Harur Krishnagiri District.

..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for records on the file of the respondent impugned Refusal Check Slip No.RFL/ HARUR/ 73/ 2026 dated 10.03.2026 and quash the same and consequently issue direction directing the respondent herein to register the settlement deeds in favour of Siva sankar, for the property situated at Nampipatti village survey No.128/1A measuring an extent of 0.70 cents Agriculture land, survey No.150/4B1 measuring an extent of 0.12 1/2 cents of land and survey No.152/5A2 measuring an extent of 0.62 cents and survey No.152/5A3 measuring and extend of 0.1 cent in Nampipatti village Sub Registration District of Dharumapuri, Harur SRO.

For Petitioner(s):

Mr.T.N.Rangesh Kanna For Respondent(s):

Mr.M.Roshan Atiq, Government's Counsel

ORDER

Challenge has been made against the refusal check slip No.RFL/HARUR/73/2026 dated 10.03.2026, issued by the respondent.

2. Learned counsel for the petitioner would submit that the subject property originally belonged to petitioner's father, who had two wives. The petitioner's mother was first wife and one Nallammal was second wife. After the demise of petitioner's father, without the knowledge of petitioner and her mother, the said Nallammal and her legal heirs partitioned the subject property among themselves without allotting any share to the petitioner and her mother. Aggrieved by the same, the petitioner instituted a suit for partition before the Sub Court, Harur in O.S.No.46 of 2013, wherein, Nallammal and all her legal heirs were impleaded as defendants. Subsequently, the said suit was also decreed in favour of the petitioner and the properties in S.Nos.128/1A, 120/B, 150/4B1, 152/5A2 and 152/5A1 and 152/5A3 were allotted to her.

Thereafter, the said decree was registered before the respondent. Further, revenue records were mutated and patta was also issued in favour of the petitioner, vide patta Nos.568, 569 and 570. Under this circumstances, the petitioner executed a settlement deed in favour of her son viz., Sivashankar in respect of her share of properties and furnished the same before the respondent for registration.

check slip dated 10.03.2026. Challenging the same, the petitioner has come forward with the present writ petition.

3. Heard the learned counsel for the petitioner and perused the materials available on record.

4. In the present case on hand, the patta and the partition decree were both passed in favour of the petitioner, in regard to the subject properties. The perusal of the impugned order clear shows that the respondent has travelled beyond the scope of the decree and exceeded their authority in registering the document. Further, the refusal is only based on extraneous grounds, which are legally unsustainable and effectively questions the validity of the decree, despite the fact that it has already determined the shares with metes and bounds, and a patta has been issued in favour of the petitioner. Moreover, this Court is deeply surprised by the respondent's resistance to register the settlement deed, which the petitioner intends to execute in favour of her son. Such being the case, I do not find any impediment for the respondents to register the settlement deed in favour of the petitioner's son. Accordingly, the impugned order passed by the respondent is liable to be set aside and the same is hereby set aside.

5. Such view of the matter, this Court directs the petitioner to re-present the settlement deed dated 10.03.2026 before the respondent with immediate

effect. Upon such receipt, the respondent is directed to register the same, within a period of 48 hours from the date of receipt of a copy of this order.

6. With the aforesaid observation and direction, this writ petition stands disposed of. No costs.

List the case on 13.07.2026 under the caption "For Reporting Compliance".

30-06-2026 Index: Yes/No Speaking/Non-speaking order VM Note: Issue order copy on 02.07.2026 To:

The Sub Registrar o/o.Sub Registrar office, Harur Krishnagiri District.

KRISHNAN RAMASAMY, J.

VM 30-06-2026