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2025 DAILYLAW 69333 (MAD)

KISHORE RAJANI v. THE INSPECTOR GENERAL OF REGISTRATION

WP/22611/2025 · 2025-06-26

Mohammed Shaffiq

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No.22611 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS` DATED : 26.06.2025 CORAM THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.No.22611 of 2025 and WMP No.25455 of 2025 Kishore Rajani ... Petitioner Vs. 1.The Inspector General of Registration, No.100, Santhome High Road, Chennai. 2.The Sub Registrar, Office of Sub-Registrar, Walajabad. ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the records of the second respondent made in RFL/Walajabad/10/2025 dated 16.05.2025 and quash the same as illegal, arbitrary and nonest in law and consequently direct the second respondent to register the partition deed dated 16.05.2025 within the time stipulated by this Court. _________ https://www.mhc.tn.gov.in/judis WP No.22611 of 2025 For Petitioner : Mr.B.Vijay For Respondent : Mr.U.Baranidharan Special Government Pleader O R D E R By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. 2. The present writ petition is filed challenging the impugned order dated 16.05.2025 passed by second respondent, whereby the partition deed dated 16.05.2025 which was sought to be registered was refused registration on the premise that the petitioner must obtain a legal heirship certificate from the Tahsidhar. 3. Learned counsel appearing for petitioner would submit that II Additional District Munsif, Coimbatore in O.S.No.1036 of 2020 dated 01.03.2022 declared the petitioner as Class II legal heir. The relevant portion is extracted hereunder: _________ https://www.mhc.tn.gov.in/judis WP No.22611 of 2025 1/ jhth mDkjpf;fg;gl;L. thjpfs; fhyk; brd;w gp/u$hdp vd;fpd;w gpjhk;gh;yhy; u$hdpapd; ,uz;lhk; epiy thhpRfs; vd;W tpsk;g[if bra;J cj;jutplg;gLfpwJ/ 2/ bryt[j; bjhif ,y;iy/" 4. It was submitted by the learned counsel for the petitioner that refusal on account of non production of legal heirship certificate from the Tahsildar despite the fact that the above decree dated 01.03.2022 was produced before the Sub Registrar, is unwarranted. 5. At the outset, it was submitted by the learned Special Government Pleader that if the partition deed dated 16.05.2025 is re- presented before the second respondent, the same would be registered, if it is otherwise in order. If, for any reason, the Sub Registrar is of the view that the registration ought to be refused, he would do so after assigning reasons, which was agreed to by the learned counsel for the petitioner. 6. In view thereof, it is open to the petitioner to re-present the _________ https://www.mhc.tn.gov.in/judis WP No.22611 of 2025 partition deed dated 16.05.2025 before the second respondent. On such re- presentation, the second respondent shall register the partition deed, if it is otherwise in order, in accordance with law. If for any reason, the second respondent refuses to register the partition deed, he shall assign reasons in the refusal slip, which was agreed to by both counsel for petitioner as well as respondents. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the case on its own merits and in accordance with law. 7. Accordingly, the writ petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 26.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No mrn To 1.The Inspector General of Registration, _________ https://www.mhc.tn.gov.in/judis WP No.22611 of 2025 No.100, Santhome High Road, Chennai. 2.The Sub Registrar, Office of Sub-Registrar, Walajabad. _________ https://www.mhc.tn.gov.in/judis WP No.22611 of 2025 MOHAMMED SHAFFIQ, J. mrn W.P.No.22611 of 2025 26.06.2025 _________ https://www.mhc.tn.gov.in/judis