Diwakar Elango v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-12-2025

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN Diwakar Elango Petitioner(s) Vs

1. The Inspector General of Registration Registration Department, Government of Tamilnadu, Santhome, Chennai-600 004.

2.The Sub Registrar Alandur Sub Registrar Office, Alandur, Chennai-600 016 Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned refusal order dated 17.12.2025 in Refusal No.RFL/Alandur/34/2025 passed by the 2nd respondent and quash the same, consequently direct the 2nd respondent to register the Settlement Deed to the petitioner dated 17.12.2025 for its registration forthwith.

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For Petitioner(s):

M/s.Chenthoori Pugazendhi For Respondents:

Mr.U.Baranidharan Special Government Pleader

ORDER

Heard Mr.Chenthoori Pugazhendhi, learned counsel for the petitioner and Mr.U.Baranidharan, learned Special Government Pleader for the respondents.

2. The petitioner executed the Settlement Deed on the strength of an unregistered will. By the impugned order, the second respondent refused to register the Settlement Deed on the ground that there is nothing in the Encumbrance Certificate, reflecting the said documents.

3. The issue has already been concluded by a judgment of the Hon'ble Mr.Justice N.Anand Venkatesh in W.P.No.16999 of 2020 dated 03.10.2020 and paragraph No.8 reads as follows:

'8. In view of the above discussion, this Court is inclined to interfere with the refusal check slip issued by the respondent and accordingly, the same is hereby quashed. The respondent is directed to entertain the settlement deed dated 02.11.2020 presented by the petitioner and register the same, if it is otherwise in order. It goes without saying that necessary stamp duty and registration fee will 2/4

have to be paid, at the time of registration, if not already paid. The document shall be returned back to the petitioner after registration.'

4. Following the said judgment, the impugned order is quashed and the writ petition is allowed. The direction is given by the Hon'ble Judge in Paragraph No.8 of the aforesaid order will apply to the present case also. There shall be no order as to costs.

26-12-2025 kak/mmi Index:Yes/No To 1.The Inspector General of Registration Registration Department, Government Of Tamilnadu, Santhome, Chennai-600 004 2.The Sub Registrar, Alandur Sub Registrar Office, Alandur, Chennai-600 016 3/4

V.LAKSHMINARAYANAN J.

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