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Madras High CourtWP(MD)/9973/2026allowed

Jeyabalan v. The District Registrar

2026-04-09Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 09.04.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY Jeyabalan ... Petitioner Vs.

1.The District Registrar, Thoothukudi, Thoothukudi District.

2.The Sub-Registrar, Office of Sub-Registrar, Udangudi, Thoothukudi District.

...Respondents

Writ Petition is filed under article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 2nd respondent in Refusal No.RFL/Udangudi/95/2025 dated 08.10.2025 and quash the same as illegal, arbitrary and non-application of mind and consequently direct the 2nd respondent to register the gift deed executed by the petitioner in favour of this wife Bebika in respect of the petitioner's share of 85.26 cents in the property comprised in Survey No.814/5, situated at Udangudi Village, Thoothukudi District.

For Petitioner :M/s.C.Geetha For Respondents :Mr.A.Baskaran Additional Government Pleader

ORDER

This writ petition challenges the refusal check slip dated 08.10.2025. 2.When the petitioner presented a settlement deed in favour of his wife, the same was refused to be registered on the ground that the Patta presented is a joint Patta and unless the petitioner obtained separate Patta in his name, the document cannot be registered. It can be seen that the petitioner is executing the settlement deed only with reference to his share of the property.

3.In that view of the matter, the mere existence of a joint patta will not come in the way of the petitioner executing the document and the reason mentioned in the refusal check slip cannot be sustained. 4.In view thereof, this writ petition is ordered on the following terms: (i)the impugned refusal check slip dated 08.10.2025 shall stand set aside and the petitioner is directed to re-present the document within a period of two weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order.

(ii)Upon re-presentation thereof, the same shall be registered, if there is no other impediment. No costs.

09.04.2026 NCC:Yes/No Ns Note:Registry is directed to return the original Gift Settlement Deed dated 08.10.2025 after substituting attesting photocopies of the same.

To 1.The District Registrar, Thoothukudi, Thoothukudi District.

2.The Sub-Registrar, Office of Sub-Registrar, Udangudi, Thoothukudi District.

D.BHARATHA CHAKRAVARTHY, J.

Ns 09.04.2026