David Anandaraj v. The District Registrar

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 05.02.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY David Anandaraj ... Petitioner Vs.

1.The District Registrar, District Registrar Office, Ramanathapuram District.

2.The Sub Registrar, Sub Registrar Office, Rajasingamangalam, Ramanathapuram District.

... Respondents 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 Check Slip in Refusal Number.RFL/Rajasingamangalam/2/2026 dated 08.01.2026 issued by the 2nd respondent herein and quash the same as illegal and further directing the 2nd respondent to register and release the 1/6

settlement deed dated 08.01.2026 presented by me before the 2nd respondent within the time stipulated by this Court. For Petitioner : Mr.M.Sendhil Kumar For Respondents : Mr.K.S.Selvaganesan, Additional Government Pleader

O R D E R

Challenge has been made against the refusal check slip issued by the respondent dated 08.01.2026.

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

3.The learned Counsel for the petitioner would submit that the subject property has been acquired by the petitioner by virtue of an unregistered Will dated 15.09.2020 executed by his grandfather in favour of the petitioner. The petitioner is in possession and enjoyment of the property. Under these circumstances, the petitioner now intends to execute a settlement deed in favour of his wife and presented the same for registration on 08.01.2026 before the second respondent. However, the same 2/6

came to be rejected by the second respondent. Hence, the present Writ Petition.

4.Learned Additional Government Pleader appearing for the respondents would submit that the petitioner is said to have acquired the property based on an unregistered Will, but in the Will, it is stated that the subject property was purchased from K.P.Selvam, whereas there is no evidence to substantiate the purchase of the property from K.P.Selvam. Further, the said K.P.Selvam had sold the property in the year 1997 itself to third party. Under these circumstances, the impugned order has been passed.

5.Heard the learned Counsel on either side.

6.Admittedly, the petitioner acquired the property through an unregistered Will dated 15.09.2020. A perusal of the Will shows that the petitioner's grandfather had purchased the subject property from on K.P.Selvam, but the copy of the same has not been produced. However, the said document would be available with the Sub-Registrar's office. The respondents upon a preliminary 3/6

verification found that no parent deed is available on record. Such being the case, atleast the petitioner has to produce the copy of the document but the same was not produced. Only under these circumstances, the impugned refusal check slip has been issued. The fact remains that the said K.P.Selvam had sold the property to third party as early as in the year 1997. When the property had already been sold, again creating a Will and thereafter making a settlement appears to be a deliberate encumbrance of the property. Hence, I do not find any merit in this Writ Petition and the second respondent has rightly rejected the registration of the settlement deed.

7.Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs.

05.02.2026 Index: Yes/No Internet: Yes/No MR 4/6

To 1.The District Registrar, District Registrar Office, Ramanathapuram District.

2.The Sub Registrar, Sub Registrar Office, Rajasingamangalam, Ramanathapuram District.

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KRISHNAN RAMASAMY, J.

MR 05.02.2026 6/6