I.Alexandar v. The District Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)No. 14260 of 2025 I.Alexandar ... Petitioner Vs.
1. The District Registrar Tenkasi District, Tenkasi.
2. The Sub Registrar Alangulam, Tenkasi 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 pertaining to the refusal check slip by its Refusal No. RFL/Alangulam/53/2025 issued by the 2nd respondent dated 08.04.2025 and to quash the same as unlawful and unsustainable consequently, to direct the 2nd respondent to register the Gift Settlement deed, dated 06.02.2025, as and when the same is presented by the petitioner.
For Petitioner : Mr.S.Kishore Kumar For Respondents : Mr.D.Sasikumar 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 refusal check slip by its Refusal No. RFL/Alangulam/53/2025 issued by the 2nd respondent dated 08.04.2025 and consequently, to direct the 2nd respondent to register the Gift Settlement deed, dated 06.02.2025, as and when the same is presented by the petitioner. 2.The petitioner has filed a suit in O.S.No.483 of 2021 on the file of the Principal Sub Court, Tenkasi, for partition and a preliminary decree was granted on 10-03-2022. The petitioner was allotted 1/5th of undivided share in the suit mentioned properties. Now, the petitioner is intended to settle the 1/5th undivided share in the name of his wife through settlement deed, dated 06.02.2025.
The respondents are refusing to register the same by stating that the other co-sharers are entitled to the property. 3.This Court is of the considered opinion that the impugned refusal slip is erroneous and a total non application of mind. The respondents may register the settlement deed indicating it as undivided share. Therefore, the impugned refusal slip is quashed and the respondents are directed to register the settlement deed within a period of 4 weeks from the date of receipt.
4.With the above observations, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
09.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To:
1. The District Registrar Tenkasi District, Tenkasi.
2. The Sub Registrar Alangulam, Tenkasi District 3/4
S.SRIMATHY , J.
Tmg ORDER MADE IN DATED : 09.07.2025 4/4