Ponmuthuramalingam v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 23.03.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY Ponmuthuramalingam ... Petitioner Vs.

1.The Sub Registrar, (Document Registration Department) Joint Sub Registrar No.1 Office, Thoothukudi District.

2.Subbulakshmi ... Respondents Writ Petition is filed under article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned refusal check slip in Refusal No.RFL/1 vz; ,iz rhh;gjpthsh; J:}j;Jf;Fo/143/2025 dated 14.08.2025 passed by the respondent and quash the same and consequently direct the respondent to register the partition deed presented by the petitioner dated 14.08.2025. For Petitioner :Mr.S.Vishnuvardhan For R1 :Mr.A.Baskaran Additional Government Pleader For R2 :Mr.K.S.Vamsidar

ORDER

This writ petition is filed challenging the impugned Refusal Cheque Slip dated 14.08.2025.

2.On a perusal of the same, the partition deed that is presented for registration by the petitioner was refused to be registered on the ground that objection has been received from the second respondent. 3.On perusal of the objection made by the second respondent, the second respondent objects by saying that the property mentioned in the schedule in her objections belong to her as the same was bequeathed to her husband by a registered Will dated 27.09.2013. 4.The learned counsel for the petitioner would submit that the second respondent's husband is the brother of the petitioner. The property originally belonged to one Muthuramalingam. He has bequeathed the property by way of registered Will dated 27.07.2013 in respect of both his sons Velmurugan as well as Ganesh Kumar. The property bequeathed to the said Velmurugan is mentioned in Schedule 1 to the said Will. The property bequeathed to the second son Ganesh Kumar is mentioned in Schedule 2. As the legal heirs of the said Ganesh Kumar, the property is now being partitioned.

5.I have considered the rival submissions made on either side and perused the material records of the case.

6.Even the objection of the petitioner, if gone into, relates only in respect of the property allotted to Velmurugan in the said Will. It is categorically submitted by the learned counsel for petitioner that the partition deed does not in any manner deal with property mentioned in Schedule 1 to the Will, but deals with only property mentioned in Schedule 2 to the Will, which is allotted only to Ganesh Kumar and not Velmurugan. 7.In view thereof, the impugned refusal check slip is set aside and the respondent shall conduct an enquiry, by issuing notice to the petitioner as well as second respondent. If the property covered in partition deed is one which is bequeathed only to Ganesh Kumar and not Velmurugan, then the partition deed shall be registered. The aforesaid excise shall be completed within a period of eight weeks from date of receipt of web copy of order. 23.03.2026 NCC:Yes/No D.BHARATHA CHAKRAVARTHY, J.

Ns To 1.The Sub Registrar, (Document Registration Department) Joint Sub Registrar No.1 Office, Thoothukudi District.

23.03.2026