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Madras High CourtWP(MD)/2636/2025allowed

K.R.Geetha v. The District Registrar

2025-08-04Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY K.R.Geetha ... Petitioner Vs

1. The District Registrar, Madurai South Registration District, Madurai.

2. The Sub Registrar, Office of the Sub Registrar, Samanatham, Madurai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Refusal Check Slip under RFL/Samanatham/19/2023 dated 17.08.2023 issued by the second respondent and quash the same and to direct the second respondent to register the Gift Settlement deed dated 17.08.2023, presented by the petitioner within a time frame as may be fixed by this Court.

For Petitioner : Mr.G.Aravinthan For Respondents : Mr.S.Kameswaran Government Advocate 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned refusal check slip dated 17.08.202 and consequently, to direct the second respondent to register the Gift Settlement deed dated 17.08.2023.

2. The contention of the petitioner is that the petitioner's husband's father had only one son, namely M.N.Radhakrishna, who is the husband of the petitioner. The petitioner married M.N.Radhakrishnan and they have two children, namely, M.R.Sankaranarayanan and Badri Narayanan Manicka. But inadvertently, the Revenue Authority issued a patta in the name of M.N.Radhakrishnan, by mentioning M.N.Radhakrishnan, son of M.S.R.Narasimmachary, instead of correctly showing that, M.S.R.Narasimmachary had a son, namely, M.N.Radhakrishnan. When the mistake was pointed out, the same was rectified by the Revenue Authority. Subsequently, the Revenue Authority issued a patta by incorporating the names of M.N.Radhakrishnan's children, namely, M.R.Sankaranarayanan and Badri Narayanan Manicka along with the petitioner namely, Geetha. However, without verifying the subsequent patta, the second respondent relied on the earlier patta and refused to register. The refusal is nonapplication of mind. 2/4

3. In view of the above, this Court is inclined to interfere with the impugned order. Accordingly, the impugned refusal check slip is hereby quashed. The petitioner is directed to submit a legal hair certificate. On such submission, the respondents are directed to register the Gift Settlement Deed within a period of four (4) weeks from the date of receipt of a copy of this order.

4. With the above said directions, this Writ Petition is allowed. There shall be no order as to costs.

04.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

1. The District Registrar, Madurai South Registration District, Madurai.

2. The Sub Registrar, Office of the Sub Registrar, Samanatham, Madurai District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 04.08.2025 4/4