P.Antony Selvaraj v. The Deputy Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 25.10.2025
CORAM
THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY P.Antony Selvaraj ... Petitioner Vs.
1.The Deputy Inspector General of Registration, Office of the Deputy Inspector General, Integrated Registration Office, No.50, Sankara Naidu Street, Thirupathiripuliyur, Cuddalore - 607 002.
2.The District Registrar, Office of the District Registrar, Ponnery Bypass, Vridhachalam- 606 001., Cuddalore District.
3.The Joint Sub-Registrar-I, Office of the Joint Sub-Registrar, Ponneri Bypass, Vriddhachalam - 606 001, Cuddalore District.
... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India 1/6
praying to issue a Writ of Mandamus directing the third respondent, the Joint Sub-Registrar, Vriddhachalam, to receive, process, and register the Last will and Testament of petitioner's late father, Thiru.Pushpanathan, dated 27.05.1990 executed in favour of the petitioner. For Petitioner : Mr.M.Elumalai For Respondents : Mr.U.Baranidharan, Special Government Pleader
ORDER
The relief sought for in this writ petition is to direct the third respondent, the Joint Sub-Registrar, Vriddhachalam, to receive, process, and register the Last will and Testament of petitioner's late father, Thiru.Pushpanathan, dated 27.05.1990 executed in favour of petitioner.
2. Mr.U.Baranidharan, learned Special Government Pleader takes notice on behalf of the respondents. By consent of both the parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. Learned counsel for the petitioner would submit that the petitioner's father executed an unregistered 'Will' dated 27.05.1990, in 2/6
favour of petitioner and passed away on 16.03.1993 and the petitioner's mother also died on 15.10.2017. This being the case, on 01.09.2025, the petitioner presented the aforesaid 'Will' for registration before the third respondent along with original 'Will' and all supporting documents. However, without issuing the refusal check slip, the third respondent orally refused to register the same citing the reason that the 'Will' is more than 30 years old and the testator is no longer alive. Hence, the petitioner has come forward with the present writ petition.
4. Learned Special Government Pleader appearing for the respondents fairly submitted that since no refusal order was passed, this Court may direct the petitioner to re-present the 'Will' for registration. In the event, the said 'Will' is re-presented, necessary orders will be passed by the respondents on merits and in accordance with law.
5. Heard the learned counsel on either side and perused the materials available on record.
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6. In view of the above facts and circumstances of the case, this Court issues the following directions:
(i) The petitioner is directed to re-present the 'Will' dated 27.05.1990 for registration, before the third respondent; (ii) On such receipt, the third respondent is directed to take the same on record for the purpose of registration and register the 'Will' dated 27.05.1990 on merits and in accordance with law. With the above directions, this writ petition stands disposed of. No costs.
25.10.2025 Speaking/Non-speaking order Index : Yes / No vm 4/6
To 1.The District Collector, Villupuram District, Villupuram.
2.The District Registrar (Admn) Registration Department, Villupuram - 605 602.
3.The Joint Sub-Registrar-II, Thiru-Vi-Ka Salai, Villupuram.
4.The Tahsildar, Villupuram Taluk, Villupuram District - 605 602.
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KRISHNAN RAMASAMY.J., vm 25.10.2025 6/6