Abdul Muthalif v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Abdul Muthalif ... Petitioner vs.

The Sub-Registrar, Kulathur Post and Taluk, Pudukkottai 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 of the respondent pertaining to the refusal check slip dated 19.07.2025 in RFL/Kulathur/75/2025 issued by the respondent, thereby refusing the process of registration and to quash the same as illegal and arbitrary and in consequence thereof to direct the respondent to register the settlement deed dated 19.07.2025 presented by the petitioner at once.

For Petitioner : Mr.B.Sekar For Respondent : Mr.S.Saji Bino Special Government Pleader *****

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the refusal check slip dated 19.07.2025 in RFL/Kulathur/75/2025 issued by the respondent, thereby refusing the process of registration and in consequence thereof to direct the respondent to register the 1/4

settlement deed dated 19.07.2025 presented by the petitioner at once. 2.The learned Counsel appearing for the petitioner submitted that the said property in S.No.183/3B2B1 was inherited by the petitioner's mother as early as 1958 through registered partition deed in Doc.No.1325 of 1958, dated 11.09.1958. However, the said fact was not incorporated in the petitioner's settlement deed, dated 19.07.2025 Therefore, the respondent has issued the impugned refusal check slip without considering the said fact. Further, the petitioner has not produced the said document. 3.Therefore, the impugned order is quashed. The petitioner is directed to produce the certified copy of the partition deed before the respondent. If need be, the above said fact shall be incorporated in the present settlement deed and shall be re-presented before the authorities. Thereafter, the respondent shall consider and pass orders in accordance to law 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.

04.08.2025 Internet : Yes Tmg 2/4

To:

The Sub-Registrar, Kulathur Post and Taluk, Pudukkottai District.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED :04.08.2025 4/4