Krishnasamy.M v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.Krishnasamy ... Petitioner Vs.

1.The Sub-Registrar, Sub-Registrar Office, Kovilpatti, Tuticorin District.

2.Pitchayammal ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent herein to register the Settlement Deed dated 06.07.2023 executed by the petitioner in favour of his daughter Janaki in respect of the Survey No.523/1B based on the representation dated 16.10.2023. 1/4

For Petitioner : Mr.Jeerish Neeraj For Respondents : Mr.M.Prakash, Addl. Government Pleader for R1.

ORDER

Heard the learned counsel for the writ petitioner and the learned Additional Government Pleader for the first respondent. 2.The petitioner has presented the petition mentioned settlement deed. The first respondent cannot keep it pending. Either he must register it or issue refusal check slip containing reasons. 3.Registration cannot be mechanically refused. It is quite possible that there could be objector. But then, the registering authority will have to apply the statutory provisions and thereafter take a call. The decision of the first respondent must reflect due application of mind. The first respondent shall take a call in this regard within a period of two weeks from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter.

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3.This writ petition is disposed of accordingly. No costs. 05.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- The Sub-Registrar, Sub-Registrar Office, Kovilpatti, Tuticorin District.

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G.R.SWAMINATHAN, J.

ias 05.12.2023 4/4