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Madras High CourtWP(MD)/1351/2026disposed of

Selvakannan v. The District Registrar

2026-01-22Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.1351 of 2026 Selvakannan ... Petitioner Vs 1.The District Registrar, Office of the District Registrar, Madurai District.

2.The Sub Registrar, Thirumangalam Taluk, Chekkanoorani, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned refusal check slip passed by the 2nd respondent in RFL/Chekkanoorani/51/2025, dated 31.12.2025 and quash the same as illegal and consequently direct the 2nd respondent to register the said power deed dated 30.12.2025.

For Petitioner : Ms.B.Bhuvaneshvari For Respondents : Mr.M.Lingadurai, Spl. Govt. Pleader 1/6

O R D E R

This Writ Petition is filed challenging the impugned refusal check slip passed by the 2nd respondent in RFL/Chekkanoorani/51/2025, dated 31.12.2025 and also seeking for a consequential direction, directing the 2nd respondent to register the power deed dated 30.12.2025.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the petitioner would submit that the petitioner acquired the subject property by virtue of registered Will dated 26.12.2000. The Principal viz., Jothiprakasam passed away on 10.07.2015. After the demise of the Principal, the petitioner become the owner of the property. Under these circumstances, the petitioner executed a power deed in favour of his wife, by virtue of power deed dated 30.12.2025. When the petitioner presented the said power deed for registration, the 2nd respondent refused to register the power deed and passed the impugned refusal check slip, stating that one Sharmila, who is the legal heir of Principal, made objection. Challenging the same, the petitioner has filed this Writ Petition. 2/6

4. The learned Special Government Pleader appearing for the respondents would submit that since an objection petition was received from one Sharmila, who claims to be a daughter of the Principal, the impugned order was passed. Hence, he prays for dismissal of this Writ Petition.

5. However, the learned counsel appearing for the petitioner would submit that upon enquiry on the said Sharmila, she informs that she has not made any objection for registration of the power deed.

6. Heard the learned counsel appearing on either side and perused the materials available on record.

7. On a perusal of the records, it is seen that due to the previous relationship between the petitioner's father and principal, the Will was executed in favour of the petitioner on 26.12.2000. There is no dispute on the execution of the Will. Once the Principal is passed away, certainly, by virtue of the Will, the petitioner become the owner of the property. In the present case, even the principal's daughter viz., Sharmila also had no objection for registering the power deed. In such circumstances, I am unable to understand as to why, the 2nd respondent 3/6

has refused to register the power deed stating that there was an objection petition. If there is any objection, then the respondents have to issue notice to the parties concerned and after hearing them, the respondents have to pass order. In there present case, the above said procedure has not been followed. Therefore, the impugned order is liable to be set aside.

8. Accordingly, the impugned refusal check slip issued by the 2nd respondent dated 31.12.2025 is set aside. The petitioner is directed to re-present the power deed dated 30.12.2025 before the 2nd respondent. Upon receipt of the same, the 2nd respondent is directed to issue notice to the parties concerned and thereafter, take a decision to register the said power deed in accordance with law. The entire exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

9. With the above observations, this Writ Petition is allowed. There shall be no order as to costs.

22.01.2026 vsm 4/6

To 1.The District Registrar, Office of the District Registrar, Madurai District.

2.The Sub Registrar, Thirumangalam Taluk, Chekkanoorani, Madurai.

KRISHNAN RAMASAMY, J.

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vsm W.P.(MD)No.1351 of 2026 22.01.2026 6/6