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Madras High CourtWP/32875/2025disposed of

S.Sai Prakash v. The Sub Registrar

2025-09-08Honourable Mr Justice Krishnan Ramasamy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2025

CORAM

The HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY Writ Petition No.32875 of 2025 S.Sai Prakash

...Petitioner

Vs.

The Sub Registrar, Ponneri Sub Registrar Office, Tiruvallur District.

... Respondent Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus calling for the entire records pertaining to the Refusal Check Slip in No.RFL/ Ponneri/80/ 2025 dated 12.08.2025 on the file of the respondent, quash the same and consequently direct the respondent to receive, accept and entertain the deed of settlement presented for registration along with the unregistered will dated 10.02.2018 and toregister the same and return the original document to the petitioner within a time frame as stipulated by this Court.

For Petitioner :

Mr.K.Balasubramaniam For Respondents :

Mr.P.Harish, Government Advocate 1/6

O R D E R

Mr.P.Harish, learned Government Advocate takes notice on behalf of the respondent. With consent, this Writ Petition is taken up for disposal at the stage of admission itself.

2. This Writ Petition has been filed challenging the Refusal Check Slip in No.RFL/ Ponneri/80/ 2025 dated 12.08.2025 on the file of the respondent, quash the same and consequently direct the respondent to receive, accept and entertain the deed of settlement presented for registration along with the unregistered will dated 10.02.2018 and to register the same and return the original document to the petitioner within a time frame as stipulated by this Court.

3. The learned counsel for the petitioner would submit that the petitioner's grandfather viz.T.Vinayagam purchased Plot Nos.150 & 151, comprised in S.No.305/2 "Union Carbide Employees Co-operative Nagar" situated at Minjur Village, Ponneri Taluk, Thiruvallur District vide Document No.459/2017 & 460/2017 on the file of the SRO, Ponneri. While so, he has executed an unregistered WILL in favour of the petitioner and his brother, that after his life time the petitioner is entitled for Plot no.151 and the petitioner's 2/6

brother is entitled for Plot No.150. While so, the petitioner and his brother decided to exchange the property and therefore on 12.08.2025, the petitioner in order to settle Plot No.151 in favour of this brother, presented the Settlement Deed before the Respondent. But, the Respondent without registering the same issued the Refusal Check Slip dated 12.08.2025, directing the petitioner to obtain patta in his name and present the document. Being aggrieved over the same, the petitioner has filed this Writ Petition seeking for the aforesaid relief.

4. The learned Government Advocate appearing for the respondent would submit that the Petitioner's brother moved this Court by way of W.P.No.30954 of 2025 challenging the Refusal Slip and this Court vide order dated 14.08.2025 set aside the Refusal Slip issued to the petitioner's brother and directed the respondent to register the Settlement Deed and therefore the same yardtick may be applied to the present case also. He therefore prays for appropriate orders.

5. Heard both sides. Perused the records.

6. Considering the facts and circumstances of the case and upon the submissions made, this Court feels that when the petitioner and his brother 3/6

decided to exchange the property and when the Settlement Deed of the petitioner's brother was registered pursuant to the order of this Court, there is no impediment for the respondent to register the Settlement Deed of the Petitioner.

7. In such view of the matter this Court is inclined to set aside the impugned Refusal Slip dated 12.08.2025 and direct the respondent to register the Settlement Deed of the Petiitoner. Accordingly, the Refusal Slip dated 12.08.2025 issued by the respondent is set aside. The Petitioner is directed to present the Settlement Deed dated 12.08.2025 before the respondent and on such presentation, the respondent shall consider the settlement deed, if it is otherwise in order and register the same.

6. With the above directions, this writ petition is disposed of. No costs. 08.09.2025 Speaking/Non-speaking order Index : Yes / No arr 4/6

To The Sub Registrar, Ponneri Sub Registrar Office, Tiruvallur District.

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Krishnan Ramasamy,J., arr W.P.No.32875 of 2025 08.09.2025 6/6

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