P.Chthiraputhiran v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

1. P.Chthiraputhiran

2. P.Athiappan

3. Saroja

4. M.Thangamani

5. M.Manickam

6. M.Solairajan

7. Jayachitra ... Petitioners Vs.

1.The District Registrar, Madurai South Registration District, Madurai District.

2.The Sub Registrar, Tirumangalam Registrar Office, Tirumangalam, Madurai 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 relating to impugned refusal check slip in RFL/Tirumangalam/10/2025, dated 10/07/2025, of the 2nd respondent herein and to quash the same and consequently, to direct the 2nd respondent herein to register the document presented by the petitioners.

For Petitioners : Mr.T.Pon Ramkumar For Respondents : Mr.S.Kameshwaran Government Advocate 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 in RFL/Tirumangalam/10/2025 dated 10/07/2025 of the 2nd respondent and consequently to direct the 2nd respondent to register the document presented by the petitioners.

2.The brief facts are that the disputed property belongs to one Periyasamy and Mariappan. The petitioners 1 and 2 are the legal heirs of the said Periyasamy and the petitioners 3 to 7 are the legal heirs of the said Mariappan. 3.The contention of the petitioners is that the legal heir certificate was issued to the Mariappan and there is no dispute. However, the respondents refused to register the sale deed on the premise that the Periyasamy's legal heir certificate was not presented before the authority. The contention of the petitioners is that the petitioner failed to obtain the legal heir certificate. However, it can be established by the legal hair certificate issued when the petitioners' mother died. In the said legal heir certificate, it has been stated that Periyasamy predeceased the mother and there are only two legal heirs namely the 1st and 2nd petitioners. Based on this legal heir certificate, respondents can accept the sale deed and register it.

2/4

4.After considering the rival submissions, this Court is of the considered opinion that the respondents ought to have accepted the legal heir certificate issue to the mother. It is clearly stated in the legal heir certificate that only the petitioners 1 and 2 are the legal heirs of Periyasamy and the father predeceased the mother. Therefore, the impugned refusal slip is total non application of mind and the same is quashed. Consequently, the 2nd respondent is directed to register the document within a period of four weeks from the date of receipt of a copy of this order.

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

24.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To 1.The District Registrar Madurai South Registration District, Madurai District.

2.The Sub Registrar Tirumangalam Registrar Office, Tirumangalam, Madurai District.

3/4

S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 24.07.2025 4/4