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Madras High CourtWP/31940/2025disposed of

Mahalakshmi v. The District Registrar (Administration)

2025-08-22Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.08.2025 Coram:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Mahalakshmi

...Petitioner

Versus

1.The District Registrar (Administration), Chengalpattu District, Chengalpattu.

2.The Sub Registrar, Thiruporur, Chengalpattu District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records of the 2nd respondent vide Refusal No.RFL/Thiruporur/62/2025 dated 08.08.2025 and quash the same subsequently direct the 2nd respondent to register the petitioner's document of Settlement Deed dated 08.08.2025. For Petitioner :

Mr.N.Ranjith Kumar For Respondents :

Mr.Abishek Murthy, Government Advocate 1/6

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 relief sought in this writ petition is to quash the Refusal Check Slip No.RFL/Thiruporur/62/2025 dated 08.08.2025 issued by 2nd respondent and direct the 2nd respondent to register the Settlement Deed dated 08.08.2025.

3. The learned counsel for the petitioner submitted that on 08.08.2025, petitioner presented a Settlement Deed before 2nd respondent for registration. However, 2nd respondent vide Refusal Check Slip No.RFL/Thiruporur/62/2025 dated 08.08.2025, refused to register the Settlement Deed for the reasons that Original Document was not produced and Index was not entered correctly. He further submitted that the reasons stated by 2nd respondent for refusing registration of the Settlement Deed is contrary to the decision rendered by the Hon'ble Supreme Court in the case of The Sub Registrar Vs. Pappu (S.L.P.No.2344 of 2025 dated 2/6

03.02.2025), wherein, it has been observed that refusal of registration in the absence of original title deeds, exceeds the Inspector General of Registration's Authority.

4. The learned Government Advocate appearing for the respondents submitted that if the petitioner re-presents the Settlement Deed, 2nd respondent would consider the said Settlement Deed in the light of the decision rendered by the Hon'ble Supreme Court in the case of The Sub Registrar Vs. Pappu (S.L.P.No.2344 of 2025 dated 03.02.2025) and register the same, if it is otherwise in order. He further submitted that if the registration of Settlement Deed is refused for any reasons, 2nd respondent would issue a Refusal Check Slip/Order assigning the reasons for refusal.

5. The above submission made by the learned Government Advocate for the respondents has been fairly conceded by the learned counsel for the petitioner.

6. In view thereof, this Writ Petition stands disposed of on the following terms:

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(i) The impugned Refusal Check Slip No.RFL/Thiruporur/62/2025 dated 08.08.2025 issued by 2nd respondent is quashed. (ii) The petitioner is directed to re-present the Settlement Deed before 2nd respondent for registration.

(iii) On such re-presentation by the petitioner, 2nd respondent shall consider the Settlement Deed in the light of the decision rendered by the Hon'ble Supreme Court in the case of The Sub Registrar Vs. Pappu (S.L.P.No.2344 of 2025 dated 03.02.2025) and register the same, if it is otherwise in order.

(iv) If for any reasons, registration of Settlement Deed is sought to be refused, 2nd respondent shall issue a Refusal Check Slip/Order assigning appropriate reasons.

(v) 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 2nd respondent to consider the matter on its own merits and in accordance with law. No costs. 22.08.2025 mrr Index : Yes/No 4/6

To 1.The District Registrar (Administration), Chengalpattu District, Chengalpattu.

2.The Sub Registrar, Thiruporur, Chengalpattu District.

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MOHAMMED SHAFFIQ, J.

mrr 22.08.2025 6/6