Madras High CourtWP/33042/2025disposed of

Anjalai v. The District Registrar (Administration)

2025-09-01Honourable Mr Justice Krishnan Ramasamy8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2025

CORAM

The HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY Writ Petition No.33042 of 2025 Anjalai

...Petitioner

Vs.

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

2. The Sub Registrar, Tirukazhukundram, Chengalpattu District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent vide refusal No. RFL/ Thirukazhukundram /18/2025 dated 13.08.2025 and quash the same subsequently direct the 2nd respondent to register the document of settlement deed dated 13.08.2025 settling in favour of petitioner's grandson.

For Petitioner : Mr.N.Ranjith Kumar 1/8

For Respondents : Mr.P.Harish, Government Advocate ***

O R D E R

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

2. The challenge in this Writ Petition is to the refusal check slip dated 13.08.2025 passed by the 2nd respondent and to quash the same and subsequently direct the 2nd respondent to register the document of Settlement Deed dated 13.08.2025 settling the properties in favour of petitioner's grand son.

3. The learned counsel appearing for the petitioner would submit that the property comprised in old S.No.165, New S.No.165/1, measuring to an extent of 40.50 acres (1 acres) situated at Chinna Irumbedu Village, Thiruporur Taluk, Chengalpattu District originally belongs to petitioner's father in law Osuran for which patta was issued in his name vide No.30 on the file of Tahsildar, Thiruporur Taluk. While so, on 19.02.1973, the 2/8

Petitioner's father in law had executed Settlement Deed in respect of the above mentioned property in favour of the petitioner and his son namely Selvam and the same was registered vide Document No.960/1970 dated 19.02.1973 on the file of 2nd respondent. Though the aforesaid property was registered in favour of the petitioner and his son, the patta in respect of the said property still stands in the name of the petitioner's father. The petitioner and his son are in continous possession and enjoyment of the aforesaid property for the past 50 days. Thereafter, the petitioner and his son Selvam intend to settle the above mentioned property in favour of her grandson viz., Vasantharaj,for which they presented the settlement deed for registration before the 2nd respondent on 13.08.2025. But the 2nd respondent refused to register the same vide refusal check slip dated 13.08.2025 stating that patta and house tax receipt were not produced by the petitioner. Being aggrieved, the present writ petition has been filed by the petitioner seeking for the aforesaid relief.

3.1. Further, he would submit that 2nd respondent failed to consider the 3/8

fact that as on date the patta in respect of the above mentioned property stands in the name of the petitioner's father in law vide patta No.30 and other revenue records also stands in his name and the petitioner' father in law executed a settlement deed in favour of the petitioner and his son on 19.02.1973. Though the petitioner produced the patta which stands in the name of the Petitioner's father-in-law, before the 2nd respondent, the 2nd respondent with non application of mind issued the refusal cheque slip for non production of patta. He therefore seeks to set aside the same.

4. The learned Government Advocate on instructions would fairly submit that the 2nd respondent had inadvertently rejected the settlement deed produced by the petitioner. Further, he would submit that the 2nd respondent will register the settlement deed dated 13.08.2025, in accordance with law, after taking note of the patta, produced by the petitioner.

5. Heard both sides.

6. Considering the facts and circumstances of the case and upon 4/8

submissions made, this Court is inclined to set aside the impugned refusal slip dated 13.08.2025 issued by the 2nd respondent and direct the 2nd respondent to register the settlement deed dated 13.08.2025.

7. Accordingly, the refusal sip dated 13.08.2025 issued by the 2nd respondent is set aside. The 2nd respondent is directed to register the document of settlement deed dated 13.08.2025 produced by the petitioner, in accordance with law, after taking note of the patta and other doucments produced by the petitioner, within a period of one week from the date of receipt of a copy of this order. The learned Government Advocate appearing for the respondents shall clarify the doubt, if anything, raised by the respondents with regard to legal position. The officer concerned is expected not to commit any further mistake by wrongly interpreting the provisions of law.

5/8

With the above observations and directions, this writ petition is disposed of. No costs.

01.09.2025 Index : Yes / No : Yes / No Speaking Order : Yes / No arr 6/8

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

2. The Sub Registrar, Tirukazhukundram, Chengalpattu District.

KRISHNAN RAMASAMY, J.

arr 7/8

Writ Petition No.33042 of 2025 01.09.2025 8/8