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Madras High CourtWP(MD)/33628/2025allowed

Rengammal v. The District Registrar,

2025-11-26Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.33628 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.33628 of 2025 Rengammal ... Petitioner Vs.

1. The District Registrar, Dindigul District, Dindigul.

2. The Sub Registrar, Gujiliyamparai Sub Registrar Office, Dindigul District.

3. Rengaraj ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned refusal check slip issued by the second respondent in his proceedings in refusal No.RFL/Gujiliyamparai/23/2024 dated 03.04.2024 and quash the same as illegal and arbitrary and further direct the second respondent to register the settlement deed dated 03.04.2024 which was submitted by the petitioner with regard to property survey No.2319/1 to an extent of 1 acre 84 cents, survey No.2320/1 to an extent of 20 cents and survey No.2324/1 to an extent of 89 cents situated at Palayam Village, Gujiliyamparai Taluk, Dindigul District. 1/4

2 W.P.(MD)NO.33628 OF 2025 For Petitioner : Mr.G.Gomathisankar For Respondents : Mr.G.V.Vairam Santhosh, Additional Government Pleader for R-1 & R-2.

Mr.P.Balamurugan for R-3.

* * *

O R D E R

The settlement deed dated 03.04.2024 executed by the petitioner in favour of the third respondent was presented before the registering officer. The registration was refused on the ground that the parent deed has not been produced. It is also seen that O.S. No.223 of 2023 is pending on the file of the Sub Court, Vedasandur between one Vijayalakshmi, the writ petitioner and the third respondent herein.

2. The third respondent has given an undertaking affidavit stating that till the disposal of the suit, the petition-mentioned property will not be encumbered or alienated. The said undertaking is recorded. The second respondent is also restrained from 2/4

3 W.P.(MD)NO.33628 OF 2025 entertaining any document from the third respondent till the aforesaid suit is disposed of. It is well settled that for non-production of the parent deed, registration cannot be refused.

3. In this view of the matter, the impugned refusal check slip is quashed. The parties are permitted to re-present the document in question and the same shall be registered and released subject to fulfilment of the other usual formalities. This writ petition stands allowed. No costs.

26.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The District Registrar, Dindigul District, Dindigul.

2. The Sub Registrar, Gujiliyamparai Sub Registrar Office, Dindigul District.

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4 W.P.(MD)NO.33628 OF 2025 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.33628 of 2025 26.11.2025 4/4