Velaganni Arulappan v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Velaganni Arulappan ... Petitioner Vs.

1.The District Registrar, District Registration Office, Madurai District.

2.The Sub Registrar (Registration) Joint-II Sub Registrar Office, Dindigul, Dindigul District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to register the will executed by the petitioner's mother dated 10.08.2005 in respect of landed property in S.F.No. 834/6 of an extent of 1 acre 22 cents situated at Thottanoothu Village, Dindigul Joint-2 sub Division, Dindigul Registration, Dindigul District based on the representation dated 31.10.2023 within a time stipulated by this Court.

For Petitioner : Mr.C.Ezhilarasu For Respondents : Mr.C.Satheesh Government Advocate 1/3

ORDER

Heard both sides.

2. The petitioner wants the petition mentioned Will to be registered. Section 41 of the Registration Act provides for registration of an un-registered Will even after the demise of the testator. Of-course, enquiry will have to be conducted before registering the same. The petition mentioned Will will be registered or refused registration based on the outcome of the enquiry. The entire exercise shall be completed by the first respondent within a period of four months 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.

3. The Writ Petition is disposed of accordingly. No costs. 19.12.2023 Index : Yes / No Internet : Yes/ No rmi To 1.The District Registrar, District Registration Office, Madurai District.

2.The Sub Registrar (Registration) Joint-II Sub Registrar Office, Dindigul, Dindigul District.

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G.R.SWAMINATHAN, J.

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