← Library
Madras High CourtWP/24748/2025disposed of

Megala.P v. The District Registrar

2025-07-10Honourable Mr.Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.Megala ... Petitioner Vs.

1. The District Registrar, Salem District.

2. The Sub Registrar, Dadagapatty, Salem District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of Certiorarified Mandamus, to call for the records in the impugned refusal check slip bearing No.RFL/Dadagapatty/48/2025 dated 11.04.2025 issued by the second respondent and quash the same and consequently direct the second respondent to register and release the sale deed dated 11.04.2025 presented before him within a stipulated time frame as fixed by this Court. For Petitioner :

Mr.R.Suryanarayanan For Respondents :

Mr.U.Baranidharan Special Government Pleader

O R D E R

The present writ petition is filed challenging the refusal check slip dated 11.04.2025, whereby the sale deed which is presented for registration was refused on the ground that legal heir certificate and death certificate has not been furnished by petitioner.

2. By consent of learned counsel appearing for both sides, this writ petition is taken up for final disposal at the admission stage itself.

3. Learned Special Government Pleader for the respondents would submit that the refusal check slip was issued directing the petitioner to produce the legal heir certificate, therefore, the present writ petition is premature. In any event, it is always open to petitioner to furnish the legal heirship certificate or any other document in support of his claim and if any document is filed, the same would be considered, if it is otherwise in order. If for any reason, registration is refused, an order of refusal would be issued after assigning reason, which was agreed to by the learned counsel for petitioner.

4. In view thereof, this Writ Petition stands disposed of with the direction to petitioner to furnish relevant documents / legal heirship certificate to the concerned respondent within a period of four weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. On such re-presentation, the concerned respondent shall register the sale deed within a period of two weeks thereafter, if it is otherwise in order. If for any reason, the registering authority refuses to register the sale deed, the same would be done by issuing a refusal slip assigning reason. 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.

10.07.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

MOHAMMED SHAFFIQ, J.

vji To:

1. The District Registrar, Salem District.

2. The Sub Registrar, Dadagapatty, Salem District.

10.07.2025