← Library
Madras High CourtWP(MD)/25127/2023disposed of

D.Muthuraja v. The District Registrar

2023-12-21Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.25127 of 2023 D.Muthuraja ... Petitioner Vs.

1.The District Registrar, Rajakambeeram, Othakadai, Madurai District, Madurai.

2.The Sub Registrar Samanatham, Panaiyur Vilakku (Iyanapuram), Madurai South Taluk, Madurai District.

3.The Tahsildar, Madurai South, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the second respondent to register the gift settlement deed dated 25.08.2023 for the property in Old S No. 75/1 New S.No.75/28A measuring to an extent of 33 cents land out of 9 acres 5 cents situated at Viraganur Village, Madurai South Taluk, Madurai District based on the representation dated 04.10.2023. 1/4

For Petitioner : Mr.N.Thinakaran For Respondents : Mr.S.Ra.Ramachandran, Additional Government Pleader

ORDER

Heard both sides.

2.While the hesitation on the part of the registering authority to register the petition mentioned gift deed can be understood, I felt that the issue requires deeper consideration. The learned counsel for the petitioner submits that the petitioner is suffering from renal issue and he called upon this Court to grant relief as prayed for.

3.In my view, the petitioner can very well execute a Will in favour of his wife. If such a Will is executed and presented for registration, the same shall be received by the second respondent and registered subject to the fulfilment of the other usual formalities.

2/4

4. This writ petition is disposed with the aforesaid liberty and direction. No costs.

21.12.2023 Index : Yes / No Internet : Yes / No Skm Issue order copy on 03.01.2024 To 1.The District Registrar, Rajakambeeram, Othakadai, Madurai District, Madurai.

2.The Sub Registrar Samanatham, Panaiyur Vilakku (Iyanapuram), Madurai South Taluk, Madurai District.

3.The Tahsildar, Madurai South, Madurai.

3/4

G.R.SWAMINATHAN, J.

SKM WP(MD)No.25127 of 2023 21.12.2023 4/4