Natarajan.N v. The Sub Registrar

W.P.(MD)No.5226 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.5226 of 2021 and W.M.P.(MD)No.4183 of 2021 N.Natarajan ... Petitioner vs.

1.The Sub Registrar, Ottanchathiram, Dindigul District.

2.M.Nallathambi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the impugned order in RFL/Ottanchathiram/11/2021, dated 24.02.2021 on the file of the first respondent and quash the same and further to direct the first respondent to receive and register the the settlement deed, dated 24.02.2021 executed by the petitioner relating to the Plot Nos.28, 34, 46 and 60 in the approved layout No.844/89 in S.No.230/1A1A1 situated in Palani Taluk, Dindigul District.

For Petitioner :Mr.Vinoharan for Mr.G.Prabhu Rajadurai For R1 :Mr.S.Shanmugavel Additional Government Pleader For R2 :Mr.Maria Rubit *****

O R D E R

This Writ Petition has been filed challenging the impugned refusal check slip issued by the first respondent, dated 24.02.2021 by which the settlement deeds presented by the petitioner for registration have been refused to be registered on the ground that patta has been standing in the name of the petitioner's father, namely, the second respondent herein.

2.This Court had ordered notice to the second respondent and the second respondent has also entered appearance through a learned Counsel. The second respondent is none else than the petitioner's father. Though patta for the subject property stands in the name of the second respondent, the learned Counsel for the second respondent would now submit that the second respondent has no objection for the petitioner to execute the settlement deeds in favour of his wife. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.5226 of 2021 3.Since the patta stands in the name of the second respondent and he himself has stated no objection for the petitioner to execute the settlement deeds in favour of his wife, the Writ Petition will have to be necessarily allowed and the prayer sought for by the petitioner will have to be granted. The learned Additional Government Pleader appearing for the first respondent has also not raised any serious objection for granting the relief in favour of the petitioner as prayed for in this Writ Petition. 4.Accordingly, this Writ Petition is allowed by directing the first respondent to register the settlement deeds, dated 24.02.2021 presented by the petitioner for registration in favour of his wife, if the said settlement deeds are otherwise in order and the petitioner pays the necessary stamp duty and registration charges. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To The Sub Registrar, Ottanchathiram, Dindigul District.

+1 CC to M/s.G.PRABHU RAJADURAI, Advocate ( SR-15580[F] dated 31/03/2022 ) +1 CC to M/s.SPL GP ( SR-15684[F] dated 31/03/2022 ) W.P.(MD)No.5226 of 2021 30.03.2022 RD(07.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2