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Madras High CourtWP(MD)/18338/2025disposed of

Chellappa v. The District Registrar (Administration),

2025-07-07Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2025

CORAM:

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

1. The District Registrar (Administration), Office of the District Registrar, Tirunelveli.

2. The Sub Registrar, Ambasamudram, Tirunelveli District.

3. The Sub Collector, Cheranmahadevi, Tirunelveli District. ... 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 impugned refusal check slip No.RFL/Ambasamudram/46/2025 dated 15.05.2025 issued by the 2nd respondent herein and quash the same as unsustainable in law and consequently directing the 2nd respondent to register the gift settlement deed dated 15.05.2025 executed by the petitioner. For Petitioner : Mr.M.Jerin Mathew For R1 to R3 : Mr.G.Suriya Ananth 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 impugned refusal check slip dated 15.05.2025 issued by the 2nd respondent and consequently to direct the 2nd respondent to register the gift settlement deed dated 15.05.2025 executed by the petitioner.

2. The petitioner is the owner of the property through an assignment granted to him, which pertains to the property bearing H5-1/87. In the assignment order, the petitioner was restrained from alienating or encumbering the property for a period of 10 years. Now more than 40 years have now passed since the assignment. The petitioner now intends to gift the land to his son by way of a settlement deed dated 15.05.2025. But, the 2nd respondent has refused to register the said document, citing the conditions of the original assignment order.

3. Once the conditions stipulated in the assignment have been fulfilled, the 2nd respondent cannot refuse to register the document. If the 2nd respondent had any doubts regarding the fulfillment of the conditions, he in entitled to clarify from the revenue authorities. However, in the present case, such a situation does not arise because 10 years has already been completed. 2/4

4. Therefore, the impugned refusal check slip issued by the 2nd respondent dated 15.05.2025 is hereby quashed. The 2nd respondent is directed to register the gift settlement deed dated 15.05.2025 within a period of four weeks from the date of receipt of a copy of the order. The Learned Additional Government Pleader appearing for the respondents submitted that there is a mistake in mentioning survey number. The petitioner is permitted to rectify and resubmit the same.

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

07.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA To

1. The District Registrar (Administration), Office of the District Registrar, Tirunelveli.

2. The Sub Registrar, Ambasamudram, Tirunelveli District.

3. The Sub Collector, Cheranmahadevi, Tirunelveli District.

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S.SRIMATHY , J.

ksa ORDER MADE IN DATED : 07.07.2025 4/4