C.A.Kumaravelu v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.23215 of 2025 C.A.Kumaravelu
...Petitioner(s)
Vs.
The State represented by The Sub-Registrar, Ponneri Sub-Registrar's Office, Ponneri, Chennai.
...Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing to dispose of the petitioner's representation dated 03.06.2025 to register the settlement deed without the original document, in original deed of the property in Sale Deed Document No.993/1954, dated 04.06.1954, sale deed Document No.1734/1955 dated 19.08.1955 and release deed in Document No.3078/1998. For Petitioner(s) : Mr.P.Arumugam For Respondent(s) : Mr.U.Baranidharan Special Government Pleader
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. 1/4
2. The present writ petition is filed praying for a writ of mandamus to dispose of the representation dated 03.06.2025 seeking registration of settlement deed without insisting on the original title deed.
3. It is submitted by the learned counsel for petitioner that the petitioner became the owner of the properties comprised in Survey Nos.565/2 and 574/5 situated at Chinakavanam-2, Ponneri Taluk, Thiruvallur District upon demise of petitioner's father, vide deed Nos.993/1954 dated 04.06.1954 and 1734/1955 dated 19.08.1955. Thereafter, petitioner decided to settle the subject properties in favour of his wife and presented the settlement deed before the respondent for registration. It is stated that the same has not been considered. Hence, this writ petition.
4. At the outset, it is submitted by Mr.U.Baranidharan, learned Special Government Pleader for respondent that the writ petition is pre-mature inasmuch as there is no refusal slip and that petitioner has not even presented the documents. He would further submit that the petitioner may re-present the settlement deed for registration and that the same would be considered and registered, if it is otherwise in order. If for any reason, the registration is sought 2/4
to be rejected, the respondent would do so after issuing a refusal slip/order assigning appropriate reasons for such refusal, within a time frame to be fixed by this Court.
5. In view thereof, the writ petition stands disposed of. It is open to the petitioner to re-present the settlement deed before the appropriate respondent. If any such settlement deed is re-presented, the registering authority shall register the same, if it is otherwise in order. If for any reason, the registration is sought to be rejected, the concerned respondent shall do so after issuing a refusal slip assigning appropriate reasons for such refusal. The above exercise shall be carried out by the appropriate authority within a period of 2 weeks from the date of presentation of documents for registration. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs.
30.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 3/4
MOHAMMED SHAFFIQ, J.
mka To:
The Sub-Registrar, Ponneri Sub-Registrar's Office, Ponneri, Chennai.
W.P. No.23215 of 2025 30.06.2025 4/4