Selvakannan v. The District Registrar

ORDER This Writ Petition has been filed seeking issuance of a Writ of Mandamus, directing the second respondent to register the settlement deed presented on

14.07.2026 in temporary Registration No.TP/287479547/2026.

¶2The learned counsel for the petitioner would submit that the petitioner claims title to the subject property under a registered Will executed by one Jothiprakasham. Pursuant thereto, the petitioner executed a settlement deed in favour of his wife, which was initially refused registration by the second respondent on the basis of an objection raised by one Sharmila. The said refusal check slip dated 31.12.2025, was challenged by the petitioner before this Court in W.P.(MD)No.1351 of 2026, and by order dated 22.01.2026, the refusal check slip was set aside with a direction to the second respondent to issue notice to the interested parties and thereafter, take a decision on the registration of the document within a period of eight weeks. Though notice was issued to the objector, she did not appear, and despite expiry of the time stipulated by this Court, the second respondent neither passed any order nor registered the document. Thereafter, when the petitioner re-presented the settlement deed on

14.07.2026, the second respondent again declined to entertain the document by questioning the validity of the Will under which the petitioner claims title. According to the learned counsel, the second respondent has exceeded the Page3 of 5 limited scope of enquiry available under the Registration Act, 1908, particularly, in the light of the decision of the Hon'ble Supreme Court in K.Gopi v. The Sub Registrar and Others [(2026) 2 SCC 696], and therefore, appropriate directions are liable to be issued.

¶3The learned Standing Counsel appearing for the respondents would submit that the second respondent has not finally refused registration of the document but has only sought to verify the petitioner's entitlement in view of the rival claim made by the objector. It is submitted that the second respondent would act strictly in accordance with the earlier directions issued by this Court and pass appropriate orders after affording an opportunity of hearing to all the interested parties.

¶4Considering the facts and circumstances of the case, and without expressing any opinion on the merits of the rival claims, this Writ Petition is disposed of, by directing the second respondent to entertain the settlement deed presented by the petitioner, issue notice to all the interested persons, afford them an opportunity of hearing, and thereafter, pass appropriate orders in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order. No costs. 22-07-2026 NCC : Yes / No smn2 Page4 of 5 To

¶1The District Registrar Office of District Registrar, Madurai District

¶2The Sub Registrar, Thirumangalam Taluk, Chekkanoorani, Madurai Page5 of 5

M.DHANDAPANI, J. smn2 22-07-2026

Page1 of 5 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22-07-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI Selvakannan S/o.Sangaiah, D.No.05, 20/97, West Street, Karadikal, Thirumangalam, Madurai ..Petitioner(s) Vs 1. The District Registrar Office of District Registrar, Madurai District 2. The Sub Registrar, Thirumangalam Taluk, Chekkanoorani, Madurai ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the 2nd respondent to register the settlement deed document presented before him on 14.07.2026 in temporary registration number TP/287479547/2026 within the time frame stipulated by this Honble Court and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner(s): Mr.A.Ganesan For Respondent(s): Mr.S.Venkatesh Counsel for the State of Tamil Nadu Page2 of 5