K.Jagamalai v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA 1.K.Jagamalai 2.P.Saraswathi 3.P.Saravanan

...Petitioners

Vs The Sub Registrar Joint - I Gobichettipalayam, District Registrar Office, Gobichettipalayam.

...Respondent

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent relating to the Refusal Check Slip No.RFL1/Sub Registrar Joint-I/Gobichettipalayam/20/2024, dated 06.12.2024 and quash the same as illegal and consequently direct the respondent to register the partition deed presented by the petitioners for registration without insisting for the production of original parent document.

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For Petitioners : Mr.V.Karthikeyan For Respondent : Mr.P.Harish Government Advocate

ORDER

The present Writ Petition has been filed seeking to quash the proceedings of respondent in Refusal Check Slip No.RFL1/Sub Registrar Joint-I/Gobichettipalayam/20/2024, dated 06.12.2024 and to direct the respondent to register the partition deed presented by the petitioners for registration without insisting for the production of original parent document.

2.The partition deed which has been submitted by the petitioners for registration has been refused to be registered on the ground that the death certificate and legalheirship certificate of Ponnusamy, who is the brother of the petitioner has not been produced. In the Writ Petition the said documents have been annexed. Therefore the reason for the refusal to register the sale deed is non-existent. Therefore, the Refusal Check Slip No.RFL1/Sub Registrar Joint-I/Gobichettipalayam/20/2024, dated 06.12.2024 issued by the respondent is quashed and the respondent is directed to register the partition deed within a period of two weeks of its 2/5

representation enclosing the copies of the death certificate and legalheirship certificate of Ponnusamy that has been appended to the Writ Petition.

3.With the above directions, the Writ Petition is allowed. No costs.

Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order To The Sub Registrar Joint - I Gobichettipalayam, District Registrar Office, Gobichettipalayam.

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P.T.ASHA , J, (2/2) 4/5

in P.T.ASHA, J.

Ordered as prayed for.

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