Subbulakshmi P v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Subbulakshmi ... Petitioner -vsThe Sub Registrar, Sub Registrar Office, Valliyur, Tirunelveli District.

... Respondent PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records in pursuance to the impugned Refusal Check Slip in Refusal No.RFL/VALLIYUR/61/2025 dated 27.11.2025 on the file of the respondent herein and quash the same as illegal and consequently direct the respondent to register the document submitted by the petitioner in TP/240704634/2025 dated 27.11.2025 within the time stipulated by this Court.

For Petitioner : Mr.S.Selvakumar For Respondent : Mr.A.Baskaran Additional Government Pleader

ORDER

The writ petition is filed challenging the impugned refusal check slip dated 27.11.2025.

2. When the petitioner presented the document for registration, the same was refused on the ground that, though the petitioner claims title through a settlement deed executed by her father during his lifetime, the said settlement deed was subsequently cancelled by her father.

3. The learned counsel for the petitioner submitted that, even though the petitioner's father had unilaterally cancelled the settlement deed, such cancellation is null and void in law, and the petitioner has continued to exercise rights over the property. In fact, she has executed a sale deed in respect of a portion of the property in favour of her siblings. It is further submitted that, after the death of her father, there are only four legal heirs, including the petitioner, and the other legal heirs have no objection.

4. In view of the above submissions, the writ petition is allowed on the following terms:-

(i) The impugned refusal check slip dated 27.11.2025 is set aside. (ii) The respondent / Sub-Registrar shall conduct an enquiry with respect to the document in question by issuing notice to the petitioner as well as to the other legal heirs of the petitioner's father Santhana Konar, and pass orders afresh in accordance with law.

(iii) Considering the fact that the petitioner has dealt with the property by conveying a portion to third parties even subsequent to the cancellation of the settlement deed, it is open to the respondent / Sub-Registrar to consider registration of the present document as per the outcome of the enquiry. (iv) The respondent / Sub-Registrar shall complete the above exercise as expeditiously as possible, in any event, within a period of eight weeks from the date of receipt of a web copy of this order.

(v) The petitioner is permitted to file affidavits from the other legal heirs, if so advised.

No costs.

18.03.2026 smn2

To:- The Sub Registrar, Sub Registrar Office, Valliyur, Tirunelveli District.

D.BHARATHA CHAKRAVARTHY , J.

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