Sithiran v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2025

CORAM:

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

The Sub Registrar, Watrap Sub Registration Office, Watrap, Virudhunagar 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 check-slip in RFL/Watrayiruppu/6/2025 dated 29.04.2025 issued by the respondent and to quash the same and consequently, to direct the respondent to register the document presented by the petitioner dated 29.04.2025 in Token No.TP/217617658/2025 on the file of Sub Registrar Watrap. For Petitioner : Mr.T.Antony Arulraj For R1 to R2 : Mr.D.Sasi Kumar 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 check-slip in RFL/Watrayiruppu/6/2025 dated 29.04.2025 issued by the respondent and 1/4

consequently to direct the respondent to register the document presented by the petitioner dated 29.04.2025 in Token No.TP/217617658/2025 on the file of Sub Registrar Watrap.

2.Through the impugned order, the respondent has refused to register the settlement deed stating that the petitioner is tracing the title through Will but the said Will is an unregistered Will and it is not probated. 3.It is a settled proposition of law that a Will may be registered or unregistered. Further, it is not necessary to probate the Will. Therefore, the said reason stated by the respondent is erroneous and is total non application of mind. Hence, the impugned order is quashed and the respondent is directed to register the document 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.

18.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg 2/4

To The Sub Registrar , Watrap Sub Registration Office, Watrap, Virudhunagar District 3/4

S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 18.07.2025 4/4