Madras High CourtWP(MD)/19516/2025allowed

Suma Thomas v. The Dindigul Joint Sub Registrar No.Ii

2025-07-21Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Suma Thomas ... Petitioner Vs The Dindigul Joint Sub Registrar No.II, Registration Department, Dindigul District.

... Respondent 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 relating to the Impugned Check Slip passed by the respondent in Refusal Number RFL/2 No. Joint Sub Registrar, Dindigul/74/2025 dated 02.07.2025 and quash the same as illegal and consequently, directing the respondent to register the Settlement Deed dated 01.07.2025 executed by the petitioner in respect of her agricultural land measuring to an extent of 20 acres (08.09.50 hectares) with specific four boundaries comprised in S.No.753/3B2 at Sirumalai Village, Dindigul East Taluk, Dindigul District, within the time limit as stipulated by this Court.

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For Petitioner : Mr.J. Lawrance For Respondent : 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 dated 02.07.2025 and consequently, direct the respondent to register the Settlement Deed dated 01.07.2025 executed by the petitioner.

2. Through the impugned order, the respondent has refused to register the settlement deed stating that the petitioner is relying on the unregistered Will. Therefore, the same cannot be registered.

3. It is a settled proposition of law that a Will can be registered or it may be unregistered, but it will have the same legal sanctity. The respondent cannot refuse to register based on the unregistered Will. Therefore, the impugned order is quashed. The respondent is directed to register the settlement deed within a period of four (4) weeks from the date of receipt of a copy of this order. 2/4

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

21.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

The Dindigul Joint Sub Registrar No.II, Registration Department, Dindigul District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 21.07.2025 4/4