Ganesan v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)Nos.16754 of 2025 Ganesan ... Petitioner Vs

1. The Sub Registrar, Veerasigamani, Tenkasi District.

2. P.Duraipandi Thevar ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, or any other order or direction in the nature of Writ, to call for the records pertaining to the impugned refusal check slip issued by the first respondent made in Refusal Number:RFL/Veerasigamani/42/2025 dated 08.05.2025 and quash the same as illegal, consequently direct the first respondent to register the settlement deed dated 23.04.2025 presented for registration executed in favour of one Pechiammal, w/o.Ganesan in respect of the property measuring to an extent of 6.5 cents comprised in Survey No.596/23A situated at Sernthamangalam Village, Kadayanallur Taluk, Tenkasi District, within a time frame. 1/4

For Petitioner : Mr.T.Leninkumar For R1 : 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 08.05.2025 and consequently direct the first respondent to register the settlement deed dated 23.04.2025.

2. Through the impugned order, the first respondent has stated that the property also belongs to the second respondent. The petitioner is having only a joint patta, and the second respondent is a co-sharer.

3. The learned Additional Government Pleader appearing for the first respondent submitted that the property was originally maintained as a single plot. Subsequently, it was divided, but there were no proper four boundaries. Further, the property continues to stand in a joint patta, and therefore, the first respondent refused to register the document.

4. The learned Counsel appearing for the petitioner submitted that the 2/4

second respondent after dividing the property, has sold portions of the land and the same was registered by the first respondent. However, when the petitioner submitted the settlement deed for registration, the same has been refused.

5. After hearing the rival submission, this Court is of the considered opinion that admittedly, the petitioner and the second respondent are co-sharers of the property. Since the petitioner is a co-sharer, the first respondent cannot deny registration of the document. Accordingly, the impugned order is quashed. The first 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.

6. With the above said directions, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr 3/4

S.SRIMATHY , J.

jbr To:

The Sub Registrar, Veerasigamani, Tenkasi District.

ORDER MADE IN DATED : 08.08.2025 4/4