Oliver v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2025

CORAM

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

1.The Sub Registrar, Verkilambi, Kanyakumari District.

2.The Tahsildar, Thiruvattar Taluk, Kanyakumari District.

3.The Village Administrative Officer, Kannanoor Village, Thiruvattar Taluk, Kanyakumari District.

... Respondents 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 relating to the impugned check slip issued by the respondent vide Refusal NO.RFL/Verkilambi/56/2025 dated 22.10.2025 and quash the same as illegal and consequently direct the respondent to register the rectification deed presented by the petitioner dated 22.10.2025. 1/4

For Petitioner : Mr.A.Balakrishnan For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader

ORDER

Heard both sides.

2. The writ petitioner executed the settlement deed dated 09.10.2025 in favour of his son. The document was registered as Document No.3636 of 2025. The settlement deed described the settled properties as comprised in Survey No. 276/2. Subsequently, the petitioner realized that Survey number is actually 276/1. Hence, the rectification deed dated 22.10.2025 was presented. The registering authority declined to register the document on the ground that the petitioner has to prove the ownership before the jurisdictional civil Court. The petitioner has enclosed patta indicating that he has a title right over Survey No. 276/1 also. Secondly, the four boundary description contained in the settlement deed dated 09.10.2025 and the four boundary description found in the rectification deed are one and the same. The stand of the registering authority is un-sustainable. It is quashed.

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3. The petitioner is permitted to re-present the document. It shall be registered and released subject to fulfilment of other usual formalities. The Writ Petition is allowed. No costs.

11.11.2025 Index : Yes / No Internet : Yes/ No rmi To 1.The Sub Registrar, Verkilambi, Kanyakumari District.

2.The Tahsildar, Thiruvattar Taluk, Kanyakumari District.

3.The Village Administrative Officer, Kannanoor Village, Thiruvattar Taluk, Kanyakumari District.

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G.R.SWAMINATHAN, J.

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