Husnara Khatoon v. the Sub Registrar
Case brief
What is this about?
In this writ petition, the petitioner challenged the respondent's refusal to register a relinquishment document. The Court held that since the petitioner had no share to relinquish, the document was futile. The Court clarified this legal position to obviateregistration charges and the need for a quashing of the impugned order.
What the court decided
W.P.No. 24995 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2025
CORAM
THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH
W.P.No.24995 of 2023
Husnara Khatoon
.... Petitioner Vs
The Sub Registrar Pammal SRO Pammal Chennai - 600 075. ... Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the respondent proceedings in pending document No.303/2017 dated 20.06.2019 and quash the same and consequently directing the respondent to release the document in subject matter of property situated at Kancheepuram District, at present Chenglepet District, Pallavaram Taluk, Pammal Village, Thiruneermalai Road, Paimash No.726 and 727 and RS.No.95/2 part, Patta No.56, New Patta No.5404, New Survey No.95/3A1, 95/3A3, 95/3C admeasuring 50062 sq.ft. and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.
Issues for consideration
2 issues framed by the court
Whether a Sub Registrar can reject a relinquishment document executed out of abundant caution when the petitioner holds no share to relinquish.
Whether the court can clarify that no share exists to be relinquished to avoid future confusion without quashing the impugned orders.
Parties & counsel
- petitioner
Husnara Khatoon
- respondent
The Sub Registrar Pammal
Coram
N. Anand Venkatesh
Case details
As recorded by the court registry
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