Palaniyandi Vs The Sub Registrar

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned check slip issued by the first respondent, SubRegistrar, Kariapatti vide Refusal number RFL/Kariapatti/20/2024, dated, 19.12.2024 and quash the same as illegal, consequently direct the first respondent to register the deed of Settlement executed on 18.12.2024 in favour of petitioner's son Karuppasamy within the time frame stipulated by this Honourable court.

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

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W.P(MD)No.11312 of 2025

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For Petitioner : Mr.S.Balamurugan For Respondent : Mr.K.S.Saji Bino (for R1) Special Government Pleader

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ORDER

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The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to quash impugned check slip issued by the first respondent, Sub-Registrar, Kariapatti vide Refusal number

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RFL/Kariapatti/20/2024, dated.19.12.2024 and consequently to direct the first respondent to register the deed of Settlement executed on 18.12..2024 in favour of petitioner's son Karuppasamy.

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Heard Mr.S.Balamurugan, the Learned Counsel for the petitioner, Mr.S.Saji Bino, the Learned Special Government Pleader for the first Respondent and perused the material documents available on record.

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3.The first respondent has refused to register the settlement deed by citing the existence of a previous registered power of attorney. Since there is power of attorney, this Court suo motu impleaded the power executant namely, Thangavel, as second respondent and ordered to be issue private notice. The petitioner has

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

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W.P(MD)No.11312 of 2025

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also filed a delivery receipt before this Court. But, the impleaded respondent failed to appear.

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4.The learned Special Government Pleader appearing for the first respondent submitted that there is power of attorney entered in the Register wherein, the power has been given by one Thangavel to his wife. Now the petitioner is intended to register the settlement deed. The learned Special Government Pleader further submitted that earlier writ petition in W.P.(MD).No. 12565 of 2022 was filed by the said Thangavel and the same was dismissed with liberty to the said Thangavel to work out his remedy before the competent Civil Court in the manner known to law. Citing the same, the present impugned refusal check slip has been passed by the first respondent in No. RFL/Kariapatti/20/2024, dated.19.12.2024.

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5.It is seen that there is a title dispute between the petitioner and the said Thangavel and persons claiming title through him. It is settled law that the title of the property cannot be gone into by the first respondent. However, the parties aggrieved are at liberty to approach the competent Civil Court to establish their right. Hence, the impugned check slip is liable to be quashed.

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

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W.P(MD)No.11312 of 2025

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6.Accordingly, this writ petition stands allowed. The impugned check slip issued by the first respondent, Sub-Registrar, Kariapatti vide Refusal number RFL/Kariapatti/20/2024, dated.19.12.2024, is hereby quashed. The first respondent is directed to register the deed of Settlement executed on 18.12.2024 in favour of petitioner's son Karuppasamy and the said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

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24.06.2025

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NCC : Yes / No Index : Yes / No Internet : Yes

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VSG

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To:

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