R.Sankarakuthalam v. The Sub Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2025

CORAM

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

The Sub Registrar, Ambasamudram Sub Registrar Office, Tirunelveli District.

... Respondent 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 records pertaining to impugned Refusal Check Slip in Refusal Number RFL/Ambasamudram/82/2025 dated 22.08.2025 was issued by the respondent and quash the same as illegal and consequently directing the respondent to register the settlement deed dated 20.08.2025 in respect of the properties in Old Natham Survey No.229/1A1 in New Natham Survey No.743/7 to the extent of 108.06 Square meter and the Old Natham Survey no.229/1A1 in new Natham survey no.743/7 to the extent of of 40.39 Square meter of pathway situated at Old Periyakulam South Street and now Appar Street, Ward - 6, Ambasamudram Municipality, 1/4

Mela Ambasamudram Village, Ambasamudram Taluk, Tirunelveli District within a stipulated period as framed by this Court. For Petitioner : Mr.A.Sankararamasubramanian For Respondent : Mr.D.Gandhiraj Special Government Pleader

ORDER

Heard both sides.

2.The petitioner wants to settle the petition mentioned property in favour of his wife. When the document was presented for registration, the respondent declined to accept the same. Instead the impugned refusal check slip was issued. Challenging the same, this writ petition has been filed.

3.The property belonged to one Gandhimathiyammal. The said Gandhimathiyammal executed a Will dated 26.11.1969 in favour of her granddaughter. Life estate was conferred on the granddaughter Thangammal. Thereafter, the property was to devolve absolutely in favour of the male heirs of Thangammal. The Will is a registered 2/4

document. The respondent has called upon the writ petitioner to produce the death certificate and legal heir certificate of Gandhimathiyammal. 4.I am of the view that this requirement is not warranted. This is because the revenue record had already been mutated in favour of Thangammal. The death certificate of Thangammal has been enclosed in the typed set of papers. The legal heir certificate has also been enclosed. It is seen therefrom that Thangammal left behind her son (the writ petitioner herein) and her daughters (Balammal and Sivagami). Subject to the production of "No Objection Certificate" from Balammal and Sivagami, the petition mentioned document shall be registered and released by the respondent herein. The impugned refusal check slip is quashed.

5.This writ petition is disposed of accordingly. No costs. 10.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To The Sub Registrar, Ambasamudram Sub Registrar Office, Tirunelveli District.

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