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Abdul Muthalif v. The Sub-Registrar

Madras HC4 Aug 2025WP(MD)/21008/2025

Case brief

AI extract

What is this about?

Refusal check slip quashed; registration of settlement deed; Sub-Registrar Kulathur Pudukkottai; W.P(MD)No.21008 of 2025; Article 226 certiorarified mandamus; RFL/Kulathur/75/2025; S.No.183/3B2B1; registered partition deed Doc.No.1325 of 1958; inheritance by petitioner's mother; certified copy production; re-presentation of settlement deed; orders within four weeks; S.SRIMATHY J.; Madras High Court Madurai Bench; 04.08.2025.

What did the court decide?

Writ Petition allowed: impugned refusal check slip quashed; petitioner directed to produce certified copy of the registered partition deed (Doc.No.1325 of 1958) and re-present the settlement deed incorporating the inheritance fact if needed; respondent to consider and pass orders in accordance to law within four weeks; no order as to costs. ¶18

Abdul Muthalif Vs The Sub-Registrar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the refusal check slip dated 19.07.2025 in RFL/Kulathur/75/2025 issued by the respondent refusing registration of the petitioner's settlement deed should be quashed as illegal and arbitrary, and the settlement deed directed to be registered.

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Court's answer

This court quashed the impugned refusal check slip issued by the respondent.

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Ratio / Principle

The petitioner is directed to produce the certified copy of the partition deed before the respondent.

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Key takeaways

If need be, the inheritance fact (property acquired by the petitioner's mother through the registered partition deed) shall be incorporated in the present settlement deed, which shall be re-presented before the authorities.ratio¶17
Thereafter, the respondent shall consider and pass orders in accordance to law within a period of four weeks from the date of receipt of a copy of this order.ratio¶17

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), S.SRIMATHY, J., allowed W.P(MD)No.21008 of 2025 filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus against the refusal check slip dated 19.07.2025 in RFL/Kulathur/75/2025 issued by the Sub-Registrar, Kulathur Post and Taluk, Pudukkottai District, refusing registration of petitioner Abdul Muthalif's settlement deed dated 19.07.2025. The petitioner's counsel submitted that the property in S.No.183/3B2B1 was inherited by the petitioner's mother in 1958 through registered partition deed Doc.No.1325 of 1958 dated 11.09.1958, that this fact was not incorporated in the settlement deed, and that the partition deed had not been produced. Quashing the impugned refusal check slip, the court directed the petitioner to produce the certified copy of the partition deed, incorporate the said fact in the settlement deed if needed and re-present it, and directed the respondent to consider and pass orders in accordance to law within four weeks. No order as to costs. Decided on 04.08.2025.

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W.P(MD)No.21008 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED :04.08.2025

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CORAM:

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THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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W.P(MD)No.21008 of 2025

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Abdul Muthalif ... Petitioner vs.

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The Sub-Registrar, Kulathur Post and Taluk, Pudukkottai District. ...Respondent

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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 of the respondent pertaining to the refusal check slip dated 19.07.2025 in RFL/Kulathur/75/2025 issued by the respondent, thereby refusing the process of registration and to quash the same as illegal and arbitrary and in consequence thereof to direct the respondent to register the settlement deed dated 19.07.2025 presented by the petitioner at once.

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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 the refusal check slip dated 19.07.2025 in RFL/Kulathur/75/2025 issued by the respondent, thereby refusing the process of registration and in consequence thereof to direct the respondent to register the

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

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W.P(MD)No.21008 of 2025

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settlement deed dated 19.07.2025 presented by the petitioner at once.

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The learned Counsel appearing for the petitioner submitted that the said property in S.No.183/3B2B1 was inherited by the petitioner's mother as early as 1958 through registered partition deed in Doc.No.1325 of 1958, dated 11.09.1958. However, the said fact was not incorporated in the petitioner's settlement deed, dated 19.07.2025 Therefore, the respondent has issued the impugned refusal check slip without considering the said fact. Further, the petitioner has not produced the said document.

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3.Therefore, the impugned order is quashed. The petitioner is directed to produce the certified copy of the partition deed before the respondent. If need be, the above said fact shall be incorporated in the present settlement deed and shall be re-presented before the authorities. Thereafter, the respondent shall consider and pass orders in accordance to law within a period of four weeks from the date of receipt of a copy of this order.

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4.With the above observations, this Writ Petition is allowed. There

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shall be no order as to costs.

04.08.2025

Internet : Yes Tmg

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