Madras High CourtWP(MD)/16821/2025disposed of

Ganesan v. The Sub Registrar

2025-06-23Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Ganesan ... Petitioner vs.

The Sub Registrar, Sivagiri Sub Registrar Office, Tenkasi District.

..Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to quash the records pertaining to the Impugned Refusal Check Slip No.RFL/Sivagiri-Tenkasi/17/2025 dated 20.05.2025 on the file of the Respondent and consequently to direct the Respondent to correct the error made in the encumbrance certificate and register the document presented by the Petitioner for registration. For Petitioner : Mr.M.Ananathkumar For Respondent : Mr.S.Saji Bino 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 check slip dated 20.05.2025 and consequently direct the respondent to correct the error made in the Encumbrance certificate and register the document produced by the petitioner.

2. The contention of the petitioner is that his father had executed a settlement in his favour. However, the petitioner's brother has inherited the same property and settled it, along with the petitioner's property, in the name of his wife, which was registered as Document No. (*)2194/2011. The petitioner is now seeking to register the settlement deed based on the inheritance he received through a Will.

3. It is seen that the respondent registered the earlier settlement without verifying the existence of the Will. Now, the aggrieved person is objecting. Therefore, the impugned check slip is liable to be quashed.

4. Accordingly, the Impugned Refusal Check Slip dated 20.05.2025 is hereby quashed. The respondent is directed to register the settlement deed within a period of four weeks from the date of receipt of a copy of the order. 2/4

5.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar(CS-II) (*)amended as per order of this Court dated 30/07/2025 made in W.P(MD)No.

16821 of 2025 Sd/- Assistant Registrar(CS-II) // True Copy // /2025 Sub Assistant Registrar (CS - I/ II / III /IV) Madurai Bench of Madras High Court, Madurai.

KSA To:

(*)To be substituted to the order already despatched on 17/07/2025 The Sub Registrar, Sivagiri Sub Registrar Office, Tenkasi District.

+1 CC to M/s.SPL GP ( SR-36536[F] dated 24/06/2025 ) +1 CC to M/s.M.ANANTH KUMAR, Advocate ( SR-36171[F] dated 23/06/2025 ) 3/4

ORDER MADE IN DATED :23.06.2025 AVK/15.07.2025 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 RA - ( 06.08.2025) 4P/4 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4