P.Chokkar 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)No.16861 of 2025 P.Chokkar ... Petitioner Vs The Sub Registrar, Aruppukottai the Sub Registrar Office, Aruppukottai, Virudhunagar 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 pertaining to the impugned Refusal Check Slip issued by the respondent in RFL/ ARUPPUKOTTAI/21/2025 dated 23.06.2025 and quash the same as illegal and unconstitutional and consequently, directing the respondent to forthwith register the sale deed dated 15.06.2025.

For Petitioner : Mr. B.Vinothkumar For Respondent : Mr. S. Saji Bino Special Government Pleader 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 dated 23.06.2025 and consequently, direct the respondent to register the sale deed dated 15.06.2025.

2. Through the impugned order, the respondent has stated that the petitioner is tracing title through a Will which is unregistered and not probated. Further, there is a third party objection.

3. The learned Counsel appearing for the petitioner submitted that a suit for declaration was filed by the petitioner and the same was dismissed. However, the parties subsequently entered into a settlement under which the petitioner's rights were protected . However, the same could not be explained to the respondent at the time of presentation of the document .

4. In view of the above, this Court is inclined to interfere with the impugned order. Accordingly, the impugned refusal check slip is quashed. The petitioner is directed to submit all the relevant documents to establish his right. On receipt of the same, the respondent is directed to issue notice to the petitioner, 2/4

conduct an enquiry based on the settlement, revenue records and also change of records in the petitioner's name and thereafter, pass appropriate orders in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order.

5. 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 To:

The Sub Registrar, Aruppukottai the Sub Registrar Office, Aruppukottai, Virudhunagar District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 08.08.2025 4/4