Madras High Court
WP(MD)/22095/2025 of Vellathayi Vs The Joint Sub Registrar No.II on 7 October 2026
WP(MD) No. 22095 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07-10-2026
CORAM
THE HON'BLE MR JUSTICE K.KUMARESH BABU
WP(MD) No. 22095 of 2025
CNR:{HCMD010971282025}
Vellathayi
..Petitioner(s)
Vs
1. The Joint Sub Registrar No.II
Office of Sub Registrar,
Dindigul District
2. Durairaj,
3. Chinnathai
(R2 and R3 are impleaded vide court order dated 23.09.2025 in W.M.P(MD)No.19889/20225)
..Respondent(s)
PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned Refusal slip in Refusal Number RFL/2 No Joint Sub Registrar Dindigul/87/2025 dated 29.07.2025 issued by the respondent and quash the same as illegal and arbitrary and consequently direct the respondent to register the settlement deed presented by the petitioner for registration within the time fixed by this Court.
For Petitioner
:Mr.P.Sathish Kumar
For R1
:Mr.S.Siva Thilakar
Special Government Pleader
WP(MD) No. 22095 of 2025
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ORDER
The present Writ Petition has been filed in the nature of a Writ of Certiorarified Mandamus challenging the impugned refusal check slip issued by the first respondent and to direct the first respondent to register the settlement deed presented by the petitioner for registration.
2. Heard Mr.P.Sathish Kumar, learned Counsel for the petitioner and Mr.S.Siva Thilakar, learned Additional Government Pleader, who accepts notice on behalf of the first respondent.
3. It is the case of the petitioner that the subject property originally belonged to her mother and she died interstate. It is the further case of the petitioner that she is entitled for 1/5 share apart from the other legal heirs. Subsequently, the petitioner has executed a settlement deed in favour of her son by enclosing all the relevant documents. However, the first respondent has refused to register the said document on the ground that for the very same property, a settlement deed had already been executed by the third respondent in favour of the second respondent. Challenging the same, the present Writ Petition has been filed.
WP(MD) No. 22095 of 2025
4. The learned Counsel for the petitioner submitted that the first respondent may be directed to register the document in respect of the petitioner’s share of 1/5 and he relied upon an order passed by the Coordinate Bench of this Court, dated 30.06.2025 in W.P.(MD)No.16455 of 2025.
5. Heard the learned Counsel on either side and perused the materials available on record.
6. It is not in dispute that the petitioner’s mother is the absolute owner of the subject property and after her demise, the petitioner and other legal heirs have inherited the subject property. Even though the petitioner is entitled to 1/5 share of the subject property, the encumbrance reveals that a settlement deed in respect to the entire property had been executed by the third respondent in favour of the second respondent. The validity of the said settlement deed cannot be gone into by this Court in the present Writ Petition in exercising its jurisdiction under Article 226 of the Constitution of India. It is open to the petitioner to challenge the validity of settlement deed executed by the third respondent in manner known to law. Further, this Court is not inclined to follow the order relied relied upon by the learned Counsel for the petitioner, as it would create further rights and interest over third parties in respect of the subject property.
WP(MD) No. 22095 of 2025
7. In the result, the Writ Petition stands disposed of with liberty to the petitioner to approach the competent civil Court. There shall be no order as to costs. 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No cmr To
1. The Joint Sub Registrar No.II Office of Sub Registrar, Dindigul District.
WP(MD) No. 22095 of 2025 K.KUMARESH BABU, J. cmr WP(MD) No. 22095 of 2025 07-10-2026