Janarthanan v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Janarthanan ... Petitioner The Sub-Registrar, Keelakkarai Sub-Registrar Office, Ramanathapuram 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 relating to the impugned refusal cheque slip No. RFL/Keelakkarai/54/2025 dated 11.06.2025 of the respondent and to quash the same as illegal and consequently, to direct the respondent to register the sale deed presented by the petitioner for registration within the period that may be stipulated by this Court. For Petitioner : Mr.V.G.Vallarasu chezhiyan For Respondent : Mr.S. Surya Ananth Additional Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of Writ of Certiorarified Mandamus, to quash the impugned refusal cheque slip No. RFL/Keelakkarai/54/2025 dated 11.06.2025 of the respondent and consequently, to direct the respondent to register the sale deed presented by the petitioner for registration within the period that may be stipulated by this Court. 1/4

2.The respondent has refused to register the sale deed through the impugned refusal slip stating that the Will has not been probated, the Will has not been registered and the patta stands in the name of the original owner who executed the Will.

3.All the three grounds raised by the respondent is absolutely erroneous and is total non application of mind. A Will can either be registered or unregistered. The respondent cannot sit as a Civil Court and decide whether the Will is probated or whether any other person is having right over the property. Moreover, the patta stands in the name of the person who executed the Will and not in any other person's name. Therefore, the impugned order is erroneous and is liable to be quashed. Accordingly, the impugned order is quashed. The respondent is directed to register the sale deed within a period of four weeks from the date of receipt of a copy of this order.

4.With the above observations, this Writ Petition is allowed. There shall be no order as to costs.

24.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg 2/4

To The Sub-Registrar, Keelakkarai Sub-Registrar Office, Ramanathapuram District.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 24.06.2025 4/4