Vanitha v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.7444 of 2024 Vanitha ... Petitioner Vs.

1.The District Registrar, Karur District, Karur.

2.The Sub Registrar, Sub Registrar Office, Kulithalai, Karur District.

3.Rajammal ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order Na.Ka.No. 99/2024 dated 25.03.2024 passed by the second respondent and quash the same and consequently direct the second respondent to furnish the certified copy of the Will 1/4

Document No. 6/2024 dated 25.01.2024 to the petitioner registered at his Sub-Registrar Office by the third respondent. For Petitioner : Mr.R.Murugappan For Respondents : Ms.D.Farjana Ghoushia Special Government Advocate for R.1& R.2

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Advocate appearing for the respondents 1 and 2.

2.The petitioner is the daughter of the third respondent. The third respondent had executed a Will. It has also been registered. The petitioner wants certified copy of the same. The petitioner's request was refused by the second respondent. Challenging the same, the present writ petition came to be filed.

3.As rightly pointed out by the learned Special Government Advocate appearing for the respondents 1 and 2, there is a statutory bar 2/4

for entertaining the petitioner's request. Section 57(2) if the Registration Act, 1908 is as follows:

"57. Registering officers to allow inspection of certain books and indexes, and to give certified copies of entries. - (1) ...

(2) Subject to the same provisions, copies of entries in Book No. 3 and in the Index relating thereto shall be given to the persons executing the documents to which such entries relate, or to their agents, and after the death of the executants (but not before) to any person applying for such copies."

The impugned order is in consonance with the aforesaid statutory provision. Interference is not warranted.

4.This writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 01.04.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To 1.The District Registrar, Karur District, Karur.

2.The Sub Registrar, Sub Registrar Office, Kulithalai, Karur District.

and W.M.P(MD)No.7444 of 2024 01.04.2024 4/4