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Madras High CourtWP/33215/2025allowed

Venkatachalam 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 AND WMP NO. 37341 OF 2025 1.Venkatachalam, S/o. Late Arumugam, No. 25/40 Muzzaffar Jung Bahadur Street, Tiruvallikeni, Chennai 600 005.

2.Jayalakshmi, W/O. Muthusamy, reisde at No. 91c 5G Kitchippalayam, Etari Road, VIC Nagar, Kitchipalayam, Salem 636015.

3.Susila Devi, W/o. Late Thirupathi, Riside At Old Door No. 20 New Door No. 102 Venkatesans Naicker 1st St, Anna Salai, Chennai 600 002.

4. Angulakshmi, D/o. Late Thirupathi, Reside At Old Door No. 20 New Door No. 102 Venkatesan Naicker 1st Street, Anna Salai, Chennai 600 002.

5.Lakshmi, W/o. Late Angusamy, Door No. 12 Ff Road, Thadupaikutai, Salem.

Petitioner(s) Vs The Sub Registrar, Sub Registrar Office, S No. 2 Sothapakkam Road, Next To Sivan Koil, Palavoyal Red Hills, Chennai, Perungavoor, Tiruvallur 600 052.

Respondent(s) PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Certiorarified Mandamus, to call for records relating to the impugned refusal check slip dated 03.07.2025 bearing refusal no RFL /Red hills/16/2025 issued by the respondent and to quash the same as arbitrary, unjust, whimsical and untenable and consequently to direct the respondents to receive and register the release deed dated 17.05.2025 executed by petitioners 1 to 4 in favour of the 5 th petitioner.

For Petitioner(s):

Mr.Ravikumar Paul Senior Counsel For M/s.Paul And Paul Hudson Samule and Partners For Respondent(s):

Mr U Baranidharan Special Government Pleader

ORDER

This writ petition has been filed by the petitioner seeking to call for records relating to the impugned refusal check slip dated 03.07.2025 bearing refusal no RFL /Red hills/16/2025 issued by the respondent and to quash the same as arbitrary, unjust, whimsical and untenable and consequently to direct the respondent to receive and register the release deed dated 17.05.2025 executed by petitioners 1 to 4 in favour of the 5 th petitioner.

2.Mr.U.Baranidharan, learned Special Government Pleader, takes notice on behalf of the respondent. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself. 3.Mr.Ravikumar Paul, learned Senior Counsel appearing for the petitioner would submit that the petitioners 2 to 5 have released the property in favour of st petitioner. In this regard, the release deed dated 17.05.2025 was present the 1 before the respondent to register the same. However, the respondent refused to

register the said release deed stating that the suit in O.S.No.206 of 1989 is pending. However, the learned Senior Counsel would submit that the suit has been decree in favour of the petitioners on 03.05.1998 and without taking into consideration of the same, the respondent refused to register the release deed dated 17.05.2025. Hence, the present writ petition has been filed. 4.Learned Special Government Pleader appearing for the respondent would fairly submit that the refusal order vide refusal check slip dated 03.07.2025 may be set aside and the appropriate direction may be issued to register the release deed dated 17.05.2025.

5.Heard Mr.Ravikumar Paul, learned Senior Counsel for the petitioner as well as the learned Special Government Pleader appearing for the respondents. 6.Considering the submissions made by the learned Senior Counsel for the petitioner and the learned Special Government Pleader appearing for the respondents, it is evident that, admittedly, there was a civil dispute between the

petitioners and the third parties and it has attained finality by virtue of the judgment and decree dated 03.04.1998 in O.S.No.206 of 1989. Under such circumstance, refusing to register the release deed dated 17.05.2025 presented by the petitioners citing the civil dispute is not correct. 7.In such view of the matter, as rightly stated by the learned Special Government Pleader appearing for the respondent, the impugned check refusal slip dated 03.07.2025 is hereby set aside. The respondent is directed to register the release deed dated 17.05.2025 executed by the petitioners 2 to 5 in favour of st petitioner.

the 1 8.In the result, this writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

08-09-2025 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes

To The Sub Registrar, Sub Registrar Office, S No. 2 Sothapakkam Road, Next To Sivan Koil, Palavoyal Red Hills, Chennai, Perungavoor, Tiruvallur 600 052.

KRISHNAN RAMASAMY J.

rst AND WMP NO. 37341 OF 2025 08-09-2025