Saraswathi. T v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY T.Saraswathi ... Petitioner Vs.

The Sub Registrar, Sub Registrar Office, Valliyur, Tirunelveli District.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records in pursuant of the impugned Refusal Check Slip in Refusal No. RFL/Valliyur/31/2024 dated 20.06.2024, the respondent herein and quash the same as illegal and consequently direct the respondent to register the document submitted by the petitioner in TP/184985595/2024, dated 20.06.2024 , For Petitioner : Mr. S.Selvakumar For Respondent : Mr.D.Sasikumar Additional Government Pleader 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the refusal check slip dated 20.06.2024 and consequently direct the respondent to register the document submitted by the petitioner dated 20.06.2024

2. The respondent issued a refusal check slip stating that in the patta, six names have been shown hence, the property belong to six persons. Therefore, the petitioner ought to approach the Revenue Authority for subdivision and thereafter, the document will be registered.

3. There are four legal heirs of Jebamani. On perusal of the patta, it is seen that the petitioner's mother is one of the legal heirs of Jebamani. After her demise, the petitioner's name was entered into the patta. One Balaiahyanadar is shown as one of the pattadhar, but he is the husband of one Annalakshmi. Thangaiahyanadar is another legal heir of Jebamani and his son Thangaraj has been added as one of the pattadhars. All these individuals are members of the same Jebamani family. Hence, there cannot be any illegality in registering the undivided share of all the persons. It is also noted that earlier, one Ponnaiah, who is son of Jebamani, had sold his share of the property, and no objections were 2/4

raised by the respondent at that time.

4. In view of the above, the impugned order is set aside. The respondent is directed to register the document, within a period of four (4) weeks from the date of receipt of a copy of this order.

5. With the above said direction, this Writ Petition is allowed. There shall be no order as to costs.

19.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

The Sub Registrar, Sub Registrar Office, Valliyur, Tirunelveli District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 19.06.2025 4/4