Subbulakshmi v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)No.12487 of 2025

1. Subbulakshmi

2. Maharaja ... Petitioners Vs.

1. The District Registrar, Tirunelveli, Tirunelveli District.

2. The Sub Registrar,, O/o the Sub Registrar Office, Panagudi, Tirunelveli District.

... Respondents 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 relating to the impugned refusal slip issued by the second respondent in his receipt No.RFL/gzfb/20/2025 dated 03.06.2025 and quash the same as illegal and consequentially to direct the respondents to register and release the settlement deed presented by the petitioner on 03.06.2025 for registration without insisting execution of Aabathu Khathan within the period that may be stipulated by this Court.

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For Petitioner : Mr.A.Nawazkhan for M/s.Ajmal Associates For Respondents : Mr.G.Suriya Ananth Additional Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned refusal slip dated 03.06.2025 and consequently direct the respondents to register and release the settlement deed presented by the petitioner on 03.06.2025

2. The respondents refused to register the settlement deed on the ground that other legal heirs had been left and the settlement deed was issued in favour of only one person. Such a refusal falls outside the scope of the respondents' authority, as they are not a Civil Court. The owner of the property is at liberty to settle the property to any person.

3. Accordingly, the impugned refusal slip dated 03.06.2025 is hereby quashed. The respondents are directed to register the settlement deed within a period of four (4) weeks from the date of receipt of a copy of this order. 2/4

4. With the above said direction, the Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 18.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

1. The District Registrar, Tirunelveli, Tirunelveli District.

2. The Sub Registrar,, O/o the Sub Registrar Office, Panagudi, Tirunelveli District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 18.06.2025 4/4