S.Thangam v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.Thangam ... Petitioner Vs.

1. The District Registrar, Virudhunagar District, Virudhunagar.

2. The Sub Registrar, Sub Registrar Office, M.Rediyapatti, Virudhunagar.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the Refusal Check Slip by its RFL/M.Rediyapatti/6/2025 issued by the second respondent dated 11.06.2024 and quash the same as unlawful and unsustainable. Consequently directing the second respondent to register the said Sale Deed dated 11.06.2025 as and when the same is presented by the petitioner before the respondents.

For Petitioner : Mr.S.Kishore Kumar For Respondents : Mr.S.Kameswaran Government Advocate 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 11.06.2025, and consequently directing the second respondent to register the Sale Deed dated 11.06.2025.

2. The petitioner is the owner of the property claiming right through an unregistered will. The respondents have refused to register the sale deed stating that the petitioner ought to have produce the legal heir certificate. However, the petitioner has submitted an unregistered will and the death certificate which indicates that the Will has come into effect. Therefore, the respondents are bound to register the sale deed and they cannot insist for a legal heir certificate. Even if such a certificate is produced, the petitioner's right over the property through Will, will not be changed. Hence, refusal check slip dated 11.06.2025 is erroneous and is hereby quashed.

3. The respondents are directed to register the sale deed dated 11.06.2025 in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order.

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4. With the above said direction, this Writ Petition is allowed. No costs. 17.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

1. The District Registrar, Virudhunagar District, Virudhunagar.

2. The Sub Registrar, Sub Registrar Office, M.Rediyapatti, Virudhunagar.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 17.06.2025 4/4