S.Usharani v. Teh Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2025 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.39178 of 2024 S.Usharani .... Petitioner -VsThe Sub Registrar Tiruchengode SRO Tiruchengode Namakkal District.

.. Respondent Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned Refusal Check Slip in RFL/Tiruchengode/199/2024 dated 11.12.2024 passed by the respondent, quash the same and consequently direct the respondent to register the Settlement Deed dated 11.12.2024 executed by the petitioner in respect of the land measuring 2.39 acres comprised in S.No.34/2, Andipalayam Village, Tiruchengode Taluk, Namakkal District.

For Petitioner : Mr.R.T.Vishnu For Respondent :

Mr.U.Baranidharan Special Government Pleader 1 / 4

ORDER

This writ petition has been filed challenging the impugned refusal check slip issued by the respondent dated 11.12.2024 and for a consequential direction to the respondent to register the settlement deed dated 11.12.2024 executed by the petitioner in favour of her brother.

2.Heard Mr.R.T.Vishnu, learned counsel for the petitioner and Mr.U.Baranidharan, learned Special Government Pleader for the respondent. 3.The refusal check slip has been issued by the respondent mainly on the ground that the title document registered as Document No.2048/1984 which is the settlement deed was subsequently cancelled by a cancellation deed dated 01.04.1999, registered as Document No.1032/1999. Therefore, the respondent came to a conclusion that the petitioner did not have the right and title over the property in order to settle the same in favour of her brother. 4.It is brought to the notice of this Court that the cancellation deed dated 01.04.1999 was put to challenge before this Court by the petitioner in WP.No.773 of 2025. This Court by an order dated 10.01.2025, allowed the writ petition and the registration of the cancellation deed was set aside. In view of the same, the title document of the petitioner registered as Document No.2048/1984, stands restored. 5.In the light of the above discussion, there is no bar for the petitioner to settle 2 / 4

the property in favour of her brother and accordingly the impugned refusal check slip dated 11.12.2024, issued by the respondent is set aside and there shall be a direction to the respondent to register the settlement deed dated 11.12.2024, if it is otherwise in order.

6.In the result, this writ petition is allowed with the above directions. No costs. 27.03.2025 Index : Yes/No NCS : Yes/No KP To The Sub Registrar Tiruchengode SRO Tiruchengode Namakkal District.

N.ANAND VENKATESH, J.

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