N.Ramakrishnan v. The Sub Registrar

1 W.P.(MD)NO.32089 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.32089 of 2025 N.Ramakrishnan ... Petitioner Vs.

1. The Sub-Registrar, (Position of District Registrar), Nagamali Pudukottai Sub-Registrar's Office, Nagamalai Pudukottai, Madurai.

2.Seetha Bai ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned Refusal Number RFL/Nagamalai Pudhukottai/9/2025 dated 07.10.2025 passed by the 1st respondent and quash the same as illegal, consequently directing the 1st respondent to register the Settlement Deed dated 26.09.2025 presented by the petitioner and pass any further or other orders as this Court may deem fit under the circumstances of the case and thus render justice. For Petitioner : Mr.V.Janakiramulu For Respondents : Mr.G.V.Vairam Santhosh, Additional Government Pleader for R1 * * * 1/5

2 W.P.(MD)NO.32089 OF 2025

ORDER

Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the first respondent. Notice was issued to the second respondent has been returned with an endorsement that there is no such addressee.

2.Settlement deed dated 26.09.2025 executed by the petitioner in favour of his son was present for registration. The second respondent who is none other than the petitioner's sister is said to have raised objection. Based on the same, registration was refused. According to the registering authority, the second respondent had raised an objection that the property originally belonged to Nagasamy Rao. Challenging the stand of the registering authority, this writ petition has been filed.

3.The writ petitioner's father had two wives, namely, Erabhai Ammal and Sarasubhai Ammal. He died intestate. There was a settlement deed executed by the petitioner's father Nagasamy Rao on 30.05.1981 in favour of his two wives. The settlement deed dated 30.05.1981 comprised two schedules. It was registered as Document No.2866/1981. The first schedule (A1 to A15) was settled in favour of Erabhai, the first wife. The second second schedule (B1 to B10) was 2/5

3 W.P.(MD)NO.32089 OF 2025 settled in favour of the second wife Sarasu Bhai Ammal. Erabhai died on 17.12.2008. The "A" Schedule properties were to be taken by the first wife and her five sons. Erabhai passed away on 17.12.2008. Thereafter, the sons of Erabhai entered into a partition amongst themselves and divided the properties. The petition mentioned property along with other properties stood in the name of the petitioner's father Nagasamy Rao. Based on the same, patta was also issued in favour of the petitioner. It is this property that is now sought to be settled by the petitioner to one of his sons Narendran. 4.The second respondent is not armed with any restraint order issued by the jurisdictional civil court.

Therefore, on the strength of the objection made by the second respondent, the registering officer could not have refused registration. In this view of the matter, the impugned refusal check slip is quashed. The petitioner is permitted to re-present the document in question to the first respondent. It shall be received, registered and released subject to the other usual formalities. I make it clear that the outcome of this writ petition will not have any bearing on the right of the second respondent. She can very well approach the jurisdictional civil court to establish her rights in the manner known to law.

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4 W.P.(MD)NO.32089 OF 2025 5.This writ petition is allowed. No costs.

26.11.2025 Index : Yes / No Internet : Yes/ No SKM To:

1. The Sub-Registrar, (Position of District Registrar), Nagamali Pudukottai Sub-Registrar's Office, Nagamalai Pudukottai, Madurai.

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5 W.P.(MD)NO.32089 OF 2025 G.R.SWAMINATHAN, J.

SKM W.P.(MD)No.32089 of 2025 26.11.2025 5/5