Ramalingam v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Ramalingam ... Petitioner Vs.

The Sub Registrar, Sub Registrar Office, Punchaipuliyampatti, No.9/28, Raja Veethi, Kavelipalayam Road, Punchaipuliyamatti, Erode District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of Writ of Mandamus, to direct the respondent to register the Settlement Deed dated 26.07.2025 along with affidavit cum Indemnity Bond presented it to the respondent and pass such further order. For Petitioner : M/s.K.Ganagadaran For Respondents : Mr.U.Baranidharan Special Government Pleader

ORDER

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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 to direct the respondent to register the Settlement Deed dated 26.07.2025 along with affidavit cum Indemnity Bond submitted by the petitioner.

3. It is submitted by the learned Counsel for the petitioner that petitioner is the absolute owner of the subject property comprised in Old.R.S.No.268/IA now R.S.No.268/IB, measuring an extent of 1 Ground 500 Sq.ft, located at Ponnampalayam, Nallur Village, Sathyamangalam Taluk, Erode District vide Sale Deed dated 20.11.1998 and 30.08.1999 registered as document Nos.1829 of 1998 and 1626 of 1999 before the respondent. All the revenue records, property tax, water tax and EB connections stand in the name of the petitioner herein. It is further submitted that petitioner had pledged the two documents in respect of the subject property with Tamil Nadu Cooperative Housing Federation, Chennai and obtained housing loan which was discharged by him. On receipt of the original documents from the said bank, petitioner desired to settle the 2/6

subject property to his wife and approached the Village Administrative Officer, when he came to know that the survey number in the document was wrongly mentioned as 268/1A instead of 268/1B. With a view to carry out the necessary rectification, he approached his vendors, he came to know that his power agent namely, R.Muthusamy died. Thus, he prepared affidavit cum indemnity bond stating that the two sale deed executed by the previous owners through their power agent shows the Survey Number as 268/1A instead of 268/1B due to inadvertence. However, without considering the same, the Settlement Deed dated 26.07.2025 presented by petitioner along with affidavit cum indemnity bond was rejected by the respondent without issuing any refusal slip. Aggrieved by the same, petitioner has come before this Court.

4. Learned Special Government Pleader appearing for the respondent, would submit that petitioner may re-present the Settlement Deed and the same would be registered if it is otherwise in order, within a stipulated period which was agreed to by the learned counsel for the petitioner. It is further submitted that if for any reason, registration of Settlement Deed is refused, respondent would issue a Refusal Slip assigning reason for the same.

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5. In view of the above, the petitioner is directed to re-present the Settlement Deed dated 26.07.2025 along with affidavit cum Indemnity Bond for registration and on such re-presentation, the respondent shall register the same within a period of three weeks from the date of such re-representation, if it is otherwise in order. If for any reason, respondent is of the view that registration of the Settlement Deed is sought to be refused, the respondent shall issue refusal slip after assigning appropriate 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. Rights and contentions of the petitioner and all other interested parties are left open. 4/6

6. With the above direction, the writ petition stands disposed of. No costs.

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MOHAMMED SHAFFIQ, J.

veda To The Sub Registrar, Sub Registrar Office, Punchaipuliyampatti, No.9/28, Raja Veethi, Kavelipalayam Road, Punchaipuliyamatti, Erode District.

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