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Mahalingam v. the Inspector General of Registration

Madras HC2 Jun 2025WP/16619/2025

Case brief

AI extract

What is this about?

Madras High Court; W.P.No. 16619 of 2025; Mohammed Shaffiq, J.; 02.06.2025; registration of settlement deed dated 21.04.2025; Sub Registrar Thingalur Erode District; online token TP/217031780/2025; Reservation Serial No.2 (D-302) dated 22.04.2025; document returned without refusal order; writ of mandamus under Article 226; direction to consider and register if otherwise in order; duty to assign reasons in refusal slip while refusing registration; disposed without costs.

What did the court decide?

Writ petition disposed of without costs: petitioner permitted to represent the settlement deed to the Sub Registrar, Thingalur (third respondent); the third respondent to consider and register the deed if otherwise in order, and if refusing, to assign reasons in the refusal slip. ¶28

Mahalingam Vs the Inspector General of Registration — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing the respondents to register the petitioner's settlement deed dated 21.04.2025 based on online Token temporally No.TP/217031780/2025 and Reservation Serial No.2 (D-302) dated 22.04.2025 on the file of the third respondent, in accordance with law.

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Court's answer

Taking into consideration the facts, circumstances and the limited relief sought, the petitioner may represent (re-present) the settlement deed to respondent No.3.

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Ratio / Principle

On such representation, the third respondent would consider the settlement deed and register it if it is otherwise in order.

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Key takeaways

If for any reason the third respondent refuses to register the settlement deed, he shall assign reasons in the refusal slip, as agreed by counsel for both sides.ratio¶27

Detailed headnote1 paragraphs

MADRAS HIGH COURT (Mohammed Shaffiq, J.) disposed of a writ petition filed under Article 226 seeking a mandamus to direct registration of the petitioner's settlement deed dated 21.04.2025 (online Token temporally No.TP/217031780/2025; Reservation Serial No.2 (D-302) dated 22.04.2025) on the file of the Sub Registrar, Thingalur, Erode District, which had been returned without any refusal order or explanation. On the Special Government Pleader's submission, agreed to by petitioner's counsel, the Court directed that the petitioner may represent the settlement deed to the third respondent; the third respondent shall consider the deed and register it if otherwise in order; and if for any reason he refuses registration, he shall assign reasons in the refusal slip. Writ petition disposed of. No costs. (02.06.2025)

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W.P.No.16619 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 02.06.2025

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CORAM

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THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

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W.P.No. 16619 of 2025

Mahalingam

...Petitioner

Vs.

The Inspector General of Registration, O/o.The Inspector General of Registration, Santhome High Road, Chennai.

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The District Registrar, O/o.The District Registrar Office,

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Erode District, Erode.

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The Sub Registrar, Sub Registrar Office, Thingalur, Erode District. ...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus to direct the respondents to register the petitioner settlement deed dated 21.04.2025 based on online Token temporally No.TP/217031780/2025 and Reservation Serial No.2 (D-302) dated 22.04.2025 on the file of the 3^rd respondent in accordance with law.

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https://www.mhc.tn.gov.in/judis

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For Petitioner : Mr.S.Sengkodi For Respondents : Mr.U.Baranidaran Special Government Pleader

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W.P.No.16619 of 2025

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ORDER

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The present writ petition is filed praying for a writ of mandamus to direct respondents to register the petitioner's settlement deed dated 21.04.2025 based on online Token temporally No.TP/217031780/2025 and Reservation Serial No.2 (D302) dated 22.04.2025 on the file of respondent No.3, in accordance with law.

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It is submitted by the learned counsel for the petitioner that petitioner executed a settlement deed in favour of his son on 21.04.2025 and thereafter, submitted an application to register the same before respondent No.3. Subsequently, the petitioner received online token from respondent No.3 dated 22.04.2025 and reservation serial No.2(D302). However, respondent No.3 returned the settlement deed without any refusal order and proper explanation. Aggrieved by the same, the petitioner has come before this Court.

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At the outset, it was submitted by the learned Special Government Pleader

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https://www.mhc.tn.gov.in/judis

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W.P.No.16619 of 2025

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for respondents that petitioner may re-present the documents and appropriate authority would consider registering the settlement deed, in accordance with law, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner. In case of refusal, it is also submitted that the respondent authority while refusing, would pass an order containing reasons.

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4 . In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, the petitioner may represent the settlement deed to respondent No.3. On such representation, the third respondent would consider the settlement deed, and register and if it otherwise in order. If for any reason, the third respondent refuses to register the settlement deed, he shall assign reasons in the refusal slip, which was agreed to by both counsel for petitioner as well as respondent.

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5. In view thereof, the writ petition stands disposed of. No costs.

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02.06.2025

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Speaking (or) Non Speaking Order Neutral Citation: Yes/No mrn

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https://www.mhc.tn.gov.in/judis

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W.P.No.16619 of 2025