Dhanabakkiyam v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Dhanabakkiyam ... Petitioner /Vs./

1. The District Registrar Trichirappalli District, Trichirappalli.

2. The Sub-Registrar Manapparai Sub-Registrars Office, Manapparai, Trichirappalli District. ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, thereby calling for the records pertaining to the impugned refusal Check Slip passed by the 2nd respondent herein dated 19.11.2024 in RFL/Manapparai/415/2024 and quash the same and consequently directing the 2nd respondent to register the sale deed dated 19.11.2024 assigned with TP/201144618/2024 presented by the petitioner in accordance with law within the time frame fixed by this Court.

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For Petitioner : Mr.K.S.Kathiravan For Respondents : Mr.S.P.Maharajan Special Government Pleader

ORDER

This writ petition has been filed challenging the impugned refusal check slip issued by the second respondent dated 19.11.2024, thereby refused to register the sale deed on the ground that the petitioner's vendor had executed sale deed in favour of her mother also, without producing legal heir certificate and death certificate.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. Heard the learned counsel on either side and perused the materials placed before this Court.

3. The property comprised in S.No.1390/1B measuring to an extent of 1.45 acres and in S.No.1390/1C, measuring to an undivided extent of 0.05 Acres, situated at Pannapatty West village, Manapparai Taluk, Trichirappalli District, belonged to one Malaiyandi Konar. After 2/4

his demise, his wife, viz., Thangammal and his son, viz., Velusamy were derived title over the property. They had entered into a partition deed and divided the subject property and accordingly, they are entitled to have half share each in the subject property. After the demise of the said Thangammal, Velusamy is in possession and enjoyment of the property.

4. Now, the said Velusamy had executed a sale deed in respect of his share along with his mother's share. However, he did not register his mother's death and did not produce any legal heir certificate. Therefore, the second respondent rightly refused to register the sale deed for non production of legal heir certificate and death certificate.

5. In view of the above, this Court finds no infirmity or illegality in the order passed by the second respondent and the writ petition is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. No costs.

10.01.2025 Index : Yes / No NCC : Yes / No LS 3/4

G.K.ILANTHIRAIYAN , J.

LS TO:-

1. The District Registrar Trichirappalli District, Trichirappalli.

2. The Sub-Registrar Manapparai Sub-Registrars Office, Manapparai, Trichirappalli District.

Order made in Dated:

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