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Madras High CourtWP/42078/2025allowed

Mrs.B.Valarmathi v. Sub Registrar,

2025-11-11Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2025

CORAM:

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY B.Valarmathi ... Petitioner Vs.

Sub-Registrar, Office of the Sub-Registrar, Purasawalkam, No.62, Perambur Barracks Road, Purasawalkam, Chennai - 600 007.

... Respondent PRAYER: Writ Petitions filed under Article 226 of Constitution of India, for issuance of Writ of Certiorarified Mandamus calling for the records of the respondent relating to the Refusal Check Slip bearing Refusal Number RFL/Purasaivakkam/128/2025 dated 07.08.2025, issued by the respondent and quash the same and direct the respondent to register the receipt dated 06.08.2025, presented for registration by or on behalf of the petitioner after completing all the formalities of the registration.

For Petitioner : Mr.J.Suresh For Respondent : Mr.U.Baranidharan, Special Government Pleader

O R D E R

This writ petition has been filed to call for the records of the respondent relating to the Refusal Check Slip bearing Refusal Number RFL/Purasaivakkam/128/2025 dated 07.08.2025, issued by the respondent and quash the same and direct the respondent to register the receipt dated 06.08.2025, presented for registration by or on behalf of the petitioner after completing all the formalities of the registration.

2. Mr.U.Baranidharan, learned Special Government Pleader takes notice on behalf of the respondent. By consent of both the parties, this writ petition is taken up for final disposal at the time of admission itself.

3. Learned counsel for the petitioner submitted that the petitioner's mother Mrs.R.Palni Ammal lend a sum of Rs.50,000/- to one Mr.V.Manu @ V.Manoharan, by executing a mortgage deed in respect of property admeasuring 2140 sq.ft., bearing Old Door No.4, New Door No.24, Santhiappa Mudali Street, Perambur Barracks, Otteri, Chennai - 600 012, comprised in Old S.No.666, New Survey No.2896/1, C.C.No.5963 of Purasiwalkam Village, Perambur Taluk, Chennai District. Subsequently, the petitioner's parents died leaving behind the petitioner

as sole legal heir and the said Mr.V.Mannu @ Manoharan also died, leaving behind his wife as legal heir. Under these circumstances, the wife of Mr.V.Mannu @ Manoharan has settled the entire mortgage loan of Rs.50,000/- along with interest to the petitioner and requested to execute a receipt to discharge the mortgage loan and the same was also executed on 06.08.2025.

4. Learned counsel for the petitioner would further submit that when the said receipt was submitted before the respondent for registration along with requisite documents, the respondent asked for original legal heirship certificate of petitioner's mother and therefore, the petitioner submitted a photocopy of the same, since the original legal heirship certificate was misplaced. However, the respondent refused to accept the same and issued a refusal check slip dated 07.08.2025. Challenging the same, the petitioner has come forward with the present writ petition.

5. Learned Special Government Pleader appearing for the respondent would submit that since the petitioner has failed to produce the original legal heirship certificate, in order to verify on that aspect, the

respondent has issued a refusal check slip.

6. Heard the learned counsel on either side and perused the materials available on record.

7. In the case on hand, the respondent issued a refusal check slip dated 07.08.2025 for a simple reason that the petitioner has not produced the original legal heirship certificate. Ofcourse, if the petitioner is the only legal heir and nobody's interest is going to be affected. After all, the petitioner is intended to register the receipt for the receipt of money from the wife of aforesaid Mr.V.Manu @ V.Manoharan. Such receipt is not only a proof for receipt of money on behalf of the petitioner but also on behalf of other legal heirs jointly. Ultimately, if at all there is any other legal heir coming forward to claim with regard to non-payment of money, being the legal heir, the petitioner has to answer.

8. In view of the above forgoing reasons, the impugned order dated 07.08.2025 passed by the respondent is liable to be set aside. Accordingly, the said order is set aside. Consequently, this Court directs the respondent to register the aforesaid receipt dated 06.08.2025,

immediately upon the production of the same by the petitioner. In the result, this writ petition stands allowed. No costs. 11.11.2025 vm Index: Yes/No Internet: Yes/No Speaking Order/Non-speaking order To Sub-Registrar, Office of the Sub-Registrar, Purasawalkam, No.62, Perambur Barracks Road, Purasawalkam, Chennai - 600 007.

KRISHNAN RAMASAMY, J.

vm 11.11.2025