A.Arokiyya Mary Pascal v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ A.Arokiyya Mary Pascal, W/o.Arokiyya Sami ... Petitioner Vs.

The Sub Registrar, Sub Registrar Office, Thirukoilur, Kallakurichi District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the respondent to receive the petitioner's document bearing Temporary TP/219885779/2025 and subsequently to register the petitioner document.

For Petitioner : Ms.K.Varsha For Respondent : Mrs.A.Bakkiya Lakshmi Government Advocate

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 for a writ of mandamus, to direct the respondent to receive the petitioner's document (Settlement Deed) bearing Temporary Registration No.TP/219885779/2025 and subsequently to register the petitioner document.

3. According to the petitioner, she and her sister acquired 2/5th share of the subject property through a Partition Suit in O.S.No.176 of 2023 on the file of the Sub Court, Thirukoilur, Kallakurichi District and the petitioner and her sister intended to settle their 2/5th share of the property in favour of their brother, namely M.Chinnappan and accordingly they executed a Settlement Deed in his favour and complied with all the requirements for registration and presented the Settlement Deed for the purpose of registration to the respondent.

4. The grievance of the petitioner is that, the respondent without assigning any reason, failed to receive the Settlement Deed and register the same. Hence, this writ petition.

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5. When this was pointed out, the learned Government Advocate appearing for the respondent would submit that this writ petition is premature inasmuch as there is nothing to show that the Settlement Deed was in fact presented for registration. She would also submit that in case the Settlement Deed is presented for registration, the same would be registered, if it is otherwise in order.

6. In view thereof, this writ petition stands disposed of. It is open to the petitioner to re-present the Settlement Deed and if any such Settlement Deed is re-presented, respondent shall register the Settlement Deed, if it is otherwise in order. If for any reason, the respondent refuses to register the Settlement Deed, the same would be done by issuing a refusal slip assigning reasons. 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.

18.07.2025 Speaking (or) Non Speaking Order arb 3/4

MOHAMMED SHAFFIQ, J.

arb To The Sub Registrar, Sub Registrar Office, Thirukoilur, Kallakurichi District.

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