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Madras High CourtWP(MD)/26440/2025allowed

R.Chandran v. The Sub Registrar

2025-09-24Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2025

CORAM

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

The Sub Registrar, Office of the Sub Registrar, Pothumbu, Madurai 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 record of the respondent's Impugned Communication in RFL/Pothumbu/Book2/3/2025 dated 23.06.2025 in Pending Document No.P54/2025 and quash the same as devoid of merits and directing the respondent to register the Gift Settlement Deed dated 18.06.2025 in Pending Document No.P54/2025 and release the same to the petitioner in respect of property in Survey No.63/1, Patta No.2163 an extent of 4.50 Ares in Silayaneri Village, Madurai North Taluk, Madurai District, within the period as stipulated by this Court.

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For Petitioner : Mr.A.Haja Mohideen For Respondent : Mr.G.V.Vairam Santhosh Additional Government Pleader

ORDER

Heard both sides.

2.The writ petitioner executed a settlement deed dated 18.06.2025 in favour of his wife. The document was presented for registration. The registering authority declined to register the document on the ground that the petitioner's title requires further probe. Challenging the said refusal check slip, this writ petition came to be filed. 3.The learned counsel for the petitioner points out that the property stood in the name of the petitioner's grandfather Karuppanan and vide proceedings dated 06.01.2023 patta was mutated in favour of the writ petitioner. Copy of the patta standing in the name of the writ petitioner has also been enclosed in the typed set of papers. In these circumstances, it was not open to the respondent authority to undertake an investigation into the writ petitioner's title. It is beyond the jurisdiction and power of the respondent.

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4.In this view of the matter, the impugned refusal check slip is quashed. The petitioner is permitted to re-present the document. It shall be registered and released subject to the fulfilment of the other usual formalities.

5.This Writ Petition is allowed accordingly. No costs. 24.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To The Sub Registrar, Office of the Sub Registrar, Pothumbu, Madurai District.

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G.R.SWAMINATHAN, J.

MGA 24.09.2025 4/4