Ratchana Rasi v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Ratchana Rasi ... Petitioner /Vs./ The Sub Registrar, Thirumangalam, Madurai District.

... Respondent P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned refusal Check Slip in RFL/Tirumangalam/2/2025 dated 20.01.2025 passed by the respondent and to quash the same as illegal, arbitrary and consequently direct the respondent to register the sale deed dated 10.01.2025 which was presented by the petitioner.

For Petitioner : Mr.S.Ramanathan For Respondent : Mr.M.Sarangan Addl. Govt. Pleader 1/4

ORDER

This writ petition has been filed challenging the refusal check slip issued by the respondent dated 20.01.2025, thereby refused to register the sale deed dated 10.01.2025 on the ground that the will executed in favour of the petitioner's vendor is not acted upon sofar by mutation of revenue records.

2. Heard the learned counsel on either side and perused the materials placed before this Court.

3. The property comprised in 174/1, measuring to an extent of 58 cents situated at Melakottai Village, Tirumangalam Taluk, Madurai District, is owned by one P.Jeyaraj, claiming through unregistered will dated 30.11.2021 executed by one Chadraprabha. After the said will, the said Chadraprabha died on 23.12.2021. Thereafter, the said Jeyaraj has executed the sale deed in favour of the petitioner on 10.01.2025 and presented the same for registration. However, it was refused. Challenging the same, this writ petition came to be filed. 2/4

4. The petitioner's vendor has not mutated any revenue records in respect of the subject property in his favour as per the will and the said will is not yet acted upon. Therefore, the respondents rightly rejected to register the sale deed which was presented for registration. This Court does not find any infirmity or illegality in the order passed by the respondent. This writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition is dismissed. However, the petitioner can very well re-present the sale deed for registration after mutation of revenue records in his vendor's favour in respect of the subject property. There shall be no order as to costs. 24.01.2025 Index : Yes / No NCC : Yes / No Sm TO:- The Sub Registrar, Thirumangalam, Madurai District.

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G.K.ILANTHIRAIYAN , J.

Sm Order made in Dated:

24.01.2025 4/4