Marystella Bhai v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Marystella Bhai ... Petitioner /Vs./

1. The District Registrar, Kanyakumari District, Nagarcoil, Kanyakumari District.

2. The Sub-Registrar, Kottaram Sub-Registrar Office, Kottaram, Kanyakumari District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd respondent to receive the petitioner's settlement deed dated 20.01.2025 in respect of the property in New S.No. 1036/7E Old S.No. 877/A in Vellisandhai Village, Kalkulam Taluk, Kanyakumari District to an extent of 5 cents and proceed the same in accordance with law within stipulated time as prescribed by this Hon'ble Court.

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For Petitioner : Mr.S.Saravana Kumar For Respondents : Mr.S.P.Maharajan Special Government Pleader

ORDER

This writ petition has been filed for a direction directing the second respondent to receive the petitioner's settlement deed dated 20.01.2025 and register the same in respect of the property comprised in New S.No. 1036/7E Old S.No. 877/A in Vellisandhai Village, Kalkulam Taluk, Kanyakumari District.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. The petitioner claiming to be the absolute owner of the property comprised in S.No.2016/7E Old S.No.877/A situated at Vellisandhai Village, Kalkulam Taluk, Kanyakumari District through the Will executed by the petitioner's sister-in-law. The said Will is 2/4

unregistered one, however, patta stands in the name of the executant and four others in respect of the subject property. After demise of her sisterin-law, the revenue records are not yet mutated in her favour on the strength of the Will executed by her sister-in-law. Therefore, after mutation of the revenue records in favour of the petitioner on the strength of the Will, the petitioner can very well present the document for registration.

4. With the above direction, the writ petition is disposed of. No costs.

30.01.2025 Index : Yes / No NCC : Yes / No am 3/4

G.K.ILANTHIRAIYAN , J.

am TO:-

1. The District Registrar, Kanyakumari District, Nagarcoil, Kanyakumari District.

2. The Sub-Registrar, Kottaram Sub-Registrar Office, Kottaram, Kanyakumari District.

Order made in Dated:

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