Shanmugaiah v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.10.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Shanmugaiah ... Petitioner Vs.

1.The Sub Registrar, Sub Registrar Office, Sankaran Kovil, Tenkasi District.

2.C.Thottichiammal ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the refusal check slip dated 17/7/2025 on the file of the respondent consequently direct the 1st respondent to entertain and register the petitioner's family Settlement Deed 03.06.2025. For Petitioner : Mr.Aayiram K.Selvakumar For Respondents : Mr.D.Gandhiraj Special Government Pleader for R.1 No Appearance for R.2 1/4

ORDER

Heard the learned counsel for the writ petitioner and the learned Special Government Pleader appearing for the first respondent. The second respondent has been served and her name is printed in the cause list, she has not chosen to enter appearance. 2.The petition mentioned property admittedly belonged to one Packkiyam. The said Packkiyam is none other than the writ petitioner's maternal aunt. The second respondent is the writ petitioner's niece. The petitioner executed a settlement deed dated 03.06.2025 in favour of his wife Gomathy Ammal and presented the same for registration. The registering authority declined to register the document on the ground that there is opposition from the second respondent. Challenging the refusal check slip, this writ petition has been filed. 3.Admittedly, the second respondent also falla under the category of Class - II legal heir of the deceased Packkiyam. The claim of the petitioner is based on the Will dated 23.11.2023 said to have been executed by Packkiyam. It is not a registered Will. It is well settled that 2/4

the propounder of the Will is obliged to prove the same. If there is no opposition from the other legal heirs of the deceased individual, then the registering authority is not required to insist on proving the Will. When there is opposition, it is not open to the registering authority to go into the genuineness of the Will. This has to be done only by the jurisdictional civil Court.

4.Therefore, I am not in a position to interfere. The writ petitioner is granted liberty to move the jurisdictional civil Court. The registering authority will be bound by the outcome of the civil proceedings. It is needless to mention that in the civil suit the writ petitioner is obliged to implead all the other legal heirs of the deceased Packkiyam.

5.With the aforesaid liberty, this Writ Petition is disposed of. No costs.

15.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To The Sub Registrar, Sub Registrar Office, Sankaran Kovil, Tenkasi District.

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