Mrs.Pushpa v. The Sub Registrar

ORDER The present Writ Petition is filed seeking the issuance of a Writ of Certiorarified Mandamus to call for the record pertaining to an impugned order bearing refusal number RFL/Thirukovilur/78/2026 dated 27.04.2026 passed by the respondent is illegal and quash the same, subsequently mandamus directing the respondent to register the petitioners settlement deed dated 06.04.2026 bearing temporary No.TP/264559714/2026.

¶2The learned counsel for the petitioner submitted that the petitioner is the absolute owner and is in possession and enjoyment of the property measuring 0.35 cents in Survey No.112/2A, Memalur Village, Thirukovilur Taluk, Kallakurichi District, having acquired title under a settlement deed executed by her mother, who had obtained the property through a family oral partition. Though an earlier suit for bare injunction in O.S. No.337 of 2010 was dismissed, the petitioner succeeded in A.S. No.44 of 2023, wherein the appellate Court set aside the trial Court's judgment. Thereafter, the petitioner executed a settlement deed dated 06.04.2026 in favour of her son and presented it for registration before the respondent on 27.04.2026. Despite complying with the statutory requirements under Sections 32 and 33 of the Registration Act, the Page2 of 6 respondent refused to register the document by issuing Refusal Check Slip No. RFL/Thirukovilur/ 78/2026 dated 27.04.2026, without assigning any valid reason. Aggrieved by the arbitrary and illegal refusal, the petitioner has filed the present writ petition seeking appropriate relief.

¶3The learned Government Advocate appearing for the respondent submitted that the subject property continues to stand in the name of a third party in the revenue records. It was further contended that, as the revenue records have not been mutated in favour of the petitioner and there exists a discrepancy between the title documents and the revenue entries, the registering authority was justified in refusing registration of the settlement deed.

¶4In reply, the learned counsel for the petitioner submitted that the document in favour of the third party stood cancelled by virtue of the judgment passed in A.S. No. 44 of 2023 dated 26.02.2026, and as on date, no record stands in the name of the said third party.

¶5Heard the learned counsel for the petitioner as well as the learned Government Advocate appearing for the respondents and perused the materials on record. Page3 of 6

¶6This Court is of the considered view that the respondent has erroneously refused registration of the settlement deed solely on the ground that the revenue records continued to stand in the name of a third party. The records reveal that the third party's claim has already been negatived by the judgment and decree passed in A.S. No.44 of 2023 dated 26.02.2026, whereby the earlier judgment was set aside. Therefore, the respondent could not have relied upon the stale revenue entries to refuse registration. Once the petitioner's title stood affirmed by the appellate decree, there remained no legal impediment to register the document. Accordingly, the impugned Refusal Check Slip is liable to be set aside. The petitioner is directed to re-present the settlement deed dated

06.04.2026 along with a copy of the appellate decree, and upon such presentation, the respondent shall verify the records and register the document, if it is otherwise in order, within one (1) week from the date of receipt of a copy of this order.

¶7With the above directions, this Writ Petition stands allowed. There shall be no order as to costs. 02-07-2026 Asi Page4 of 6 To The Sub Registrar Sub Registration Office, Ulundurpettai Taluk, Kallakurichi District. Page5 of 6 WPoNo.o25266oofo2026 KRISHNANoRAMASAMY,oJ. Asi WPoNo.o25266oofo2026 02-07-2026 Page6oofo6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-07-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY Mrs.Pushpa W/O.A.Muruganantham, No.1/334 South Street, Memalur Village, Thirukoilure Taluk, Kallakurichi District. ..Petitioner(s) Vs The Sub Registrar Sub Registration Office, Ulundurpettai Taluk, Kallakurichi District. ..Respondent(s) PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Certiorarified Mandamus to call for the record pertaining to an impugned order bearing refusal number RFL/Thirukovilur/78/2026 dated 27.04.2026 passed by the respondent is illegal and quash the same, subsequently mandamus directing the respondent to register the petitioners settlement deed dated 06.04.2026 bearing temporary No.TP/264559714/2026. For Petitioner(s): Ms.K.Varsha For Respondent(s): Mr.Dominic S. David Page1 of 6 Government Counsel