Madras High CourtWP/22390/2023dismissed

Dhanalakshmi v. The Sub Registrar

2023-11-16Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Dhanalakshmi ... Petitioner Vs.

1. The Sub Registrar Sub Registrar's Office, Rasipuram, Namakkal District.

2. R.Sahithya 3.R.Devadarshani 4.R.Sudarshan .... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus to call for the records related to the impugned refusal check slip in RFL/Rasipuram/141/2023 dated 23.06.2023 passed by the 1st respondent and quash the same and consequently direct the 1st respondent to register the sale deed bearing pending number TP/152831604/2023 and release the same in favour of the petitioner. For Petitioner : Ms.Mahasree Thangaraj for KV Law Firm For Respondents : Mr.Yogesh Kannadasan Special Government Pleader for R1 R2 to R4- No Appearance 1/4

ORDER

The Writ Petition is filed seeking a writ of Certiorarified Mandamus to call for the records related to the impugned refusal check slip in RFL/Rasipuram/141/2023 dated 23.06.2023 passed by the 1st respondent and quash the same and consequently direct the 1st respondent to register the sale deed bearing pending number TP/152831604/2023 and to release the same in favour of the petitioner.

2. Heard both sides and perused the materials available on record.

3. It is seen that the impugned refusal check slip has been passed by the 1st respondent/Sub Registrar on the ground that though the private respondents and other person had objected to the registration of the document, since it is stated in the Will that the "G" Schedule property, has to be enjoyed by his 6 legal heirs, each one year and should not be alienated to strangers to the family and thereby, the document cannot be registered. 4.Since the impugned refusal check slip has been passed based on the recitals in the Will, this Court does not find any perversity in the impugned 2/4

refusal check slip passed by the 1st respondent/Sub Registrar. Therefore, there is no merit in the writ petition and the same is liable to be dismissed. If the petitioner has got any grievance, she can work out her remedy in the manner known to law.

5. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

16.11.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No To The Sub Registrar Sub Registrar's Office, Rasipuram, Namakkal District.

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P.VELMURUGAN. J.

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