Ramalingam v. The District Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.01.2025
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.No.25549 of 2024 Ramalingam
...Petitioner
Vs 1.The District Registrar District Register Officer, Sankaranaidu Street, Thiruppapuliyur, Cuddalore - 607 002.
2.The Sub Registrar, Sub Registrar Office, Vadalur - 607 303.
3.M.Annadurai S/o.Malaiyan Salaiyampalayam Village, Villupuram Vattam, Villupuram - 605 108.
(R3 impleaded vide order dated 22.01.2025 made in W.M.P.No.30331 of 2024 in W.P.No.25549 of 2024)
...Respondents
PRAYER in W.P.No.1115 of 2025 :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue Writ of Certiorarified Mandamus, calling for records of the 2nd respondent in Refusal Check Slip No.RFL/Vadalur/78/2024 to quash the same as illegal and 1/5
consequently, direct the 2nd respondent to register the settlement deed dated 20.06.2024 executed by this petitioner in favour of his wife. For Petitioner : Mr.N.U.Pressanna For Respondents : M/s.C.Meera Arumugam Additional Government Pleader (For R1 & R2 ) Mr.Himavanth for R3 COMMON ORDER The Writ Petition is filed for the following relief:- To call for the records of the 2nd respondent in Refusal Check Slip No.RFL/Vadalur/78/2024 to quash the same and consequently, direct the 2nd respondent to register the settlement deed dated 20.06.2024 executed by the petitioner in favour of his wife.
2.Heard the learned counsels on either side and perused the records. M/s.C.Meera Arumugam, the learned Additional Government Pleader takes notice on behalf of respondents 1 and 2. 3.The petitioner has suffered a specific performance decree as early as in the year 2018 in O.S.No.445 of 2017 on the file of the II Additional Subordinate Judge, Cuddalore. The said decree is an ex-parte decree and the petitioner before this Court has now taken steps to set 2/5
aside the decree. It is informed that the plaintiff in the said suit has also filed an execution petition No.395 of 2019 on the file of the learned Additional Subordinate Judge, Cuddalore is now transferred to E.P.No.285 of 2021 on the file of Sub Court, Neyveli. In this scenario notices which have been sent to the petitioner has been returned. However, the petitioner is put on notice about the execution proceedings. In this scenario the attempt of the petitioner to overcome the said decree by executing a settlement deed in favour of his wife has been rightly turned down by the Registering Authority. Therefore, the Writ Petition is dismissed. No costs.
Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order 3/5
P.T.ASHA , J, To 1.The District Registrar District Register Officer, Sankaranaidu Street, Thiruppapuliyur, Cuddalore - 607 002.
2.The Sub Registrar, Sub Registrar Office, Vadalur - 607 303.
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W.M.P.No.30331 of 2024 in W.P.No.25549 of 2024 P.T.ASHA.J., The Writ Miscellaneous Petition has been filed to implead the proposed respondent as 3rd respondent in the above Writ Petition.
2.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this Court is inclined to order this petition.
3.Accordingly this Petition is allowed. Registry is directed to carryout the necessary amendment.
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