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Madras High CourtWP(MD)/21673/2025allowed

S.Ravichandran v. The District Registrar

2025-08-08Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

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

1. The District Registrar, Palani Registration District, Palani, Dindigul District - 624 614.

2. The Joint Registrar No.I, No.1, Joint Registration Office, Palani, Dindigul 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 of the second respondent pertaining to the impugned Refusal Check Clip in Refusal Number: RFL/No.1, Joint Registrar Palani/90/2025 dated 21.07.2025 and quash the same as illegal and consequently direct the second respondent to register the Settlement Deed dated 21.07.2025 presented by the petitioner in respect of his properties comprised in Old Survey No.12/2, New T.S.No.2/3 Ward No.4, Black No.49, Palani Town, Palani Taluk, Dindigul District, within the time frame that may be stipulated by this Court.

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For Petitioner : Mr.C.Abul Kalam Azad For R-1 & R-2 : Mr.G.Suriya Ananth 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 21.07.2025 and consequently, direct the second respondent to register the Settlement Deed dated 21.07.2025.

2. Through the impugned order, the second respondent has stated that the petitioner is tracing his title through a Will, but the same is neither registered nor probated. Further, it is also stated that the revenue records are not mutated.

3. It is a settled proposition of law that a Will may either be registered or unregistered and a probate of a Will is also not mandatory. Therefore, the reasons stated by the second respondent in the impugned order is totally non-application of mind. Accordingly, the impugned order is quashed. The respondents are directed to register the settlement deed within a period of four (4) weeks from the date of receipt of a copy of this order.

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

08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

1. The District Registrar, Palani Registration District, Palani, Dindigul District - 624 614.

2. The Joint Registrar No.I, No.1, Joint Registration Office, Palani, Dindigul District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 08.08.2025 4/4