Madras High CourtWP(MD)/14274/2022disposed of

Vellaipandian.M v. The District Registrar

2022-08-08Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.14274 of 2022 M.Vellaipandian ... Petitioner Vs.

1.The District Registrar, Office of the District Registrar, Tirunelveli.

2.The Sub Registrar, Joint II Sub Registrar Office, Tirunelveli.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to register the Will dated 07.12.2017 which is relating to in Nanja land in S.No. 77/2, Old.No.208/1 admeasuring 6 situated at Keela Urudayankudiyiruppu Village, Tirunelveli Corporation, Tirunelveli Joint II Sub-Registration limit, Tirunelveli Registration District and a house bearing D.No.3/17 in S.No.63 old No.440.28 facing east admeasuring 15'3'' on northern side 14'10. 5'' on southern side, 24'.3'' on the east side, 22.6 on the western side situated at Keela Urudayankudiyiruppu Village, Tirunelveli Corporation, Tirunelveli Joint II Sub-Registration limit, Tirunelveli Registration District. 1/4

For Petitioner : Mr.T.Selvan For R1 & R2 : Mr.M.S.Selvaganesan Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2. The petitioner wants to register the petition mentioned Will. The Will is said to have been executed by the petitioner's grandmother on 07.12.2017. The petitioner's grandmother passed away on 29.03.2022.

3. Section 40 and 41 of the Registration Act r/w Rule 69 of the Registration Rules enable such registration and presentation. But enquiry must be held and the registering authority must be satisfied. It is possible that there are objectors.

4. The second respondent shall issue notice to all the interested persons and thereafter take a call in the matter. The entire exercise shall be concluded within a period of 12 weeks from the date of receipt of a copy of this order.

5. The Writ Petition is disposed of accordingly. No costs. 08.08.2022 Index : Yes / No Internet : Yes/ No rmi 2/4

To 1.The District Registrar, Office of the District Registrar, Tirunelveli.

2.The Sub Registrar, Joint II Sub Registrar Office, Tirunelveli.

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G.R.SWAMINATHAN, J.

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