W.P.(MD)No.7618 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025 CORAM: THE HONOURABLE MRS JUSTICE S.SRIMATHY W.P.(MD) No.7618 of 2025 and W.M.P.(MD)Nos.5762 and 5764 of 2025 R.Radhakrishnan ... Petitioner Vs. 1. The Sub Registrar, Office of the Sub Registrar, Batalagundu, Dindigul District. 2. Amutha ... Respondents (R2 is impleaded vide Court order, dated 05.08.2025 in WMP(MD)No.8353 of 2025 in WP(MD)No.7618 of 2025) PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.7618 of 2025 records pertaining to the impugned order passed by the respondent in Na.Ka.No. 590 / 2024 dated 19.02.2025 and to quash the same, consequently, to direct the 1st respondent to register the original Will vide pending Document No.P22 / 2024 within the time frame as fixed by this Court. For Petitioner :Mr.S.Rengasamy For 1st Respondent: Mr.G. Suriya Ananth, Additional Government Pleader For 2nd Respondent:Mr.D.Venkatesh ***** ORDER This writ petition is filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned order dated 19.02.2025 and further, to direct the 1st respondent to register the Will pending for registration in Document No.P22 / 2024. 2. Through the impugned order, the 2nd respondent has refused to register the original Will. The 1st respondent had issued notice to the rival parties wherein 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.7618 of 2025 the rival parties have submitted that the alleged will was not executed, the signature of the executant was denied and raised various other grounds. The respondent has conducted enquiry and after hearing the rival submissions, had passed an elaborate order wherein the 1st respondent has held that the Will is fraudulent executed. Hence aggrieved over the same the present writ petition is filed. 3. The learned counsel appearing for the petitioner submitted that the petitioner is entitled to the property through the Will and the 1st respondent is not having any power to declare the Will as fraudulent, hence he prayed to quash the impugned order. 4. The learned Additional Government Pleader appearing for the respondents submitted that the 1st respondent has conducted enquiry after issuing notice to all parties and thereafter had passed the impugned order. 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.7618 of 2025 5. The learned Counsel appearing for the 2nd respondent submitted that the Will was not executed at all and the alleged signature was not affixed by the executant, their grandfather would affix signature as with initial in Tamil and not in English i.e. fh.m.uhkrhkp ehAL. The said submission is extracted hereun- der: "vdJ jhj;jh ve;j capYk; ahUf;Fk; Vw;gLj;jp itf;ftpy;iy. jhq;fs; vd;dplk; fhz;gpj;j Nkw;gb nts;is fhfpjj;jpy; cs;s ifnaOj;J Mq;fpyj;jpy; k.A.uhkrhkp ehAL vd ifnaOj;J cs;sJ. ,J Nkhrbahf cw;gj;jp nra;ag;gl;Ls;sJ. Nkw;gb uhjhfpU\;zd; Nghypahf mtNu Nkhrbahf Nkw;gb capiy cw;gj;jp nra;Js;shh;. vdJ jhj;jh fh.m.uhkrhkp ehAL vd ifnaOj;J nra;thh; vd Ml;Nrgid kDTk; kw;Wk; Nehpy; M[uhfp tpsf;fKk; mspj;Js;shh;fs;." 6. After hearing the rival submissions this Court is of the considered opinion that the issue raised by the parties ought to be agitated in competent Civil Court only. The petitioner is bound to prove the Will as per law, hence ought to have filed suit to prove the Will. The 2nd respondent is claiming right over the property based on intestate succession and the 2nd respondent ought to have filed 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.7618 of 2025 suit for partition. The 1st respondent cannot act as Civil Court and decide the issue raised by the parties. But the 1st respondent had conducted enquiry and passed the impugned order which had been passed without any jurisdiction. Hence the impugned order is liable to be quashed. 7. Accordingly, the impugned order dated 19.02.2025 is hereby quashed and consequently, this Court is directing the 1st respondent to register the Will which is pending for registration in Document No.P22 / 2024 within a period of four weeks from the date of receipt of a copy of this order. However, the petitioner is directed to prove the Will as per law in the competent Civil Court. Further the 2nd respondent and any other aggrieved party is at liberty to approach the Civil Court to protect their rights, if so advised. In order to grant interim protection to the 2nd respondent, the impugned Will is kept in abeyance for a period of four months from the date of receipt of the copy of this order and the petitioner is restrained from dealing with the properties mentioned in the Will for the said period of four months. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.7618 of 2025 8.With the observations, this Writ petition is allowed. No Costs. Consequently, connected miscellaneous petitions are closed. 08.08.2025 NCC : Yes/No Index : Yes/No Internet : Yes Tmg To The Sub Registrar, Office of the Sub Registrar, Batalagundu, Dindigul District. 6/6 https://www.mhc.tn.gov.in/judis