Madras High CourtWP/50359/2025disposed of

R. Kulandaivel v. The Sub Registrar

2026-01-20Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-01-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.No.56370 of 2025 R. Kulandaivel ..Petitioner Vs

1. The Sub Registrar Office Of The Sub Registrar, Tiruchengode, Namakkal District

2. The Sub Registrar Office Of The Sub Registrar, Hosur, Krishnagiri District ..Respondents Writ of certiorarified mandamus calling for the records relating to the order of the 1st respondent dated 8.7.2025 in pending Document No.7 of 2025 and quash the same and consequently direct the 1st respondent to register the settlement deed of the petitioner dated 21.1.2025 For Petitioner:

Mr.K.Selvaraj For Respondents:

Mr.U.Baranidharan, Spl.G.P.

ORDER

After executing a settlement deed dated 21.01.2025 in favour of his son, K.Kathirvelu, the petitioner presented the same for registration before the first respondent on the same day. The said request for registration was declined by __________Page 1 of 4

the order impugned herein.

2. By adverting to the impugned order, learned counsel for the petitioner submits that two reasons are recorded for refusal. The first reason being the amount outstanding towards deficit stamp duty in respect of Document No.7945/1996. He points out that the deficit stamp duty was remitted, as evidenced by the receipt found at page 62 of the typed set of papers. As regards the other reason, viz., the pendency of O.S.No.237 of 2023, the learned counsel submits that there is no order restraining registration of conveyance in the said suit.

3. Learned Special Government Pleader accepts notice for both the respondents. He submits that the matter warrants reconsideration.

4. The petitioner has placed on record proof that deficit stamp duty in respect of Document No.7945/1996 was paid. As regard O.S.No.237 of 2023, there is nothing on record to indicate that the Sub Registrar has been restrained from effecting registrations. Therefore, the matter warrants reconsideration.

5. For the reasons aforestated, this writ petition is disposed on the following terms:- i) The petitioner is directed to re-present the settlement deed for registration within two weeks from the date of receipt of a copy of this order; ii) Upon receipt thereof, subject to fulfilment of other conditions such as payment of stamp duty and registration fee, the first respondent is directed to complete the registration within two weeks from the date of re-presentation __________Page 2 of 4

unless an order restraining such registration is issued in the Civil Suit referred to in the order. No costs. The connected miscellaneous petition is closed. 20-01-2026 Index: No Speaking order ssk To

1. The Sub Registrar Office Of The Sub Registrar, Tiruchengode, Namakkal District

2. The Sub Registrar Office Of The Sub Registrar, Hosur, Krishnagiri District __________Page 3 of 4

SENTHILKUMAR RAMAMOORTHY, J.

ssk WP No. 50359 of 2025 and W.M.P.No.56370 of 2025 20-01-2026 __________Page 4 of 4