Ammasai v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Ammasai

...Petitioner(s)

vs.

The Sub-Registrar, Sub-Registrar Office, Madhukarai, Coimbatore-641 105.

...Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to quash the impugned refusal check slip bearing Ref.No.RFL/Madhukarai/12/2025 dated 08.04.2025 issued by the respondent as illegal and consequently to direct the respondent to register the settlement deed.

For Petitioner(s) : Mr.S.Dinuprashanth 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.

2. The present writ petition is filed challenging the refusal slip dated 1/4

08.04.2025 whereby the registration of settlement deed was rejected on the premise that patta in respect of the subject property stands in the name of 32 others.

3. It is submitted by the learned counsel for petitioner that petitioner is the owner of property comprised in Survey No.298/3 measuring an extent of 06 cents and 292 sq. feet, bearing Patta Number 577 classified as "Natham Private". It is stated that petitioner owns 6 cents of the undivided share with a total extent of 1.17 acres and that he executed a settlement deed settling the property in favour of his son vide settlement deed dated 07.04.2025, before the respondent authority along with supporting documents. However, the respondent authority refused registration citing the reason stated supra. Aggrieved, petitioner has filed the present writ petition.

4. At the outset, it is submitted by Mr.U.Baranidharan, learned Special Government Pleader for respondent that registration of settlement deed was refused on the ground that patta stands in the names of 32 others and however suggested that it is desirable that the settlement deed contains a clause stating that the subject property is an undivided share out of total extent of 1.17 acres. Learned counsel for petitioner agreed to the same. 2/4

5. Recording the same, the writ petition stands closed. It is open to the petitioner to present the settlement deed for registration after making appropriate changes to the settlement deed. If any such deed is presented for registration, concerned respondent shall consider and register the document if it is otherwise in order, and release the same after affording the petitioner and other interested parties a reasonable opportunity of hearing. If for any reason, the respondent is rejecting the petitioner's request, they may do so after assigning appropriate reasons. No costs.

11.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka To:

The Sub-Registrar, Sub-Registrar Office, Madhukarai, Coimbatore-641 105.

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MOHAMMED SHAFFIQ, J.

mka 11.07.2025 4/4