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Madras High CourtWP(MD)/15044/2025disposed of

Tamilarasi v. The District Registrar (Admn)

2025-07-28Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28..07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.15044 of 2025 Tamilarasi ...Petitioner Vs.

1.The District Registrar (Admn), Cheranmahadevi, Tirunelveli District.

2. The Sub Registrar, Kadayam, Tenkasi District.

3. Muthaiah

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 1st respondent in Appeal petition No.11 of 2022 dated 08.10.2024 confirming the impugned order passed by the 2nd respondent by his proceedings in Na.Ka.257/2022 dated 07.11.2022 and quash the same as illegal and consequently direct the 2nd respondent to release the settlement deed dated 03.10.2022 in pending document No.P65/2022 after completing all other registering formalities.

For Petitioner : Mr.D.Venkatesh For Respondents :Mr. G.Suriya Ananth Government Advocate for R1 and R2 Mr. B.Micheal Sebastin for R3

ORDER

This writ petition is filed for issuance of Writ of Certiorarified Mandamus, to quash the impugned order passed by the 1st respondent in Appeal petition No.11 of 2022 dated 08.10.2024 confirming the impugned order passed by the 2nd respondent by his proceedings in Na.Ka.257/2022 dated 07.11.2022 and consequently direct the 2nd respondent to release the settlement deed dated 03.10.2022 in pending document No.P65/2022.

2. Through the impugned order, the respondents have stated that one Muthiah, the 3rd respondent, has a share in the property since the assigned patta was issued in the names of Tamilarasi and Muthiah. However, this reason cannot be entertained since the petitioner also has a share and has every right to settle the property in favor of her son. The respondents may indicate, while registering, that there is a joint patta

along with Muthiah. With this remark, the official respondents shall register the settlement deed.

3. Accordingly, the impugned orders dated 08.10.2024 and 07.11.2022 are hereby quashed. The official respondents are directed to register the settlement deed with the aforementioned remark within a period of four weeks from the date of receipt of a copy of the order.

4. With these directions and observations, this writ petition is disposed of. No Costs.

28.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Ksa

To:

1.The District Registrar (Admn), Cheranmahadevi, Tirunelveli District.

2. The Sub Registrar, Kadayam, Tenkasi District.

S.SRIMATHY , J.

Ksa ORDER MADE IN W.P(MD)No. 15044 of 2025 DATED :28.07.2025