IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.09.2022 CORAM THE HONOURABLE Mr. JUSTICE M.DHANDAPANI WP.No.22610 of 2022 and WMP.No.21666 of 2022

1. Sakthivel

2. Murali ... Petitioners Vs

1. The Inspector General of Registration, No.100, Santhome High Road, Foreshore Estate, Pattinappakkam, Chennai-28.

2. The Sub Registrar, Royakottai Sub Registrar's Office, Royakottai Taluk, Krishnagiri District.

... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus call for the records relating to the refusal Check Slip dated 21.07.2022 on the file of the Second Respondent herein quash the same as being illegal arbitrary and unconstitutional and direct the respondents to register and National Lok Adalat award dated 23.06.2022 in L.A. B No.7 of 2022 in O.S. No. 702 of

2021 on the file of Learned Sub Court, Denkanikottai.

For Petitioner : Mr. T.Anantha Sekar For Respondents : Mr. Yogesh Kannadasan, SGP

ORDER

This petition has been filed seeking to quash the refusal Check Slip dated 21.07.2022 on the file of the Second Respondent herein and consequently, direct the respondents to register and National Lok Adalat award dated 23.06.2022 in L.A. B No.7 of 2022 in O.S. No. 702 of 2021 on the file of Learned Sub Court, Denkanikottai.

2. The case of the petitioner is that originally the properties mentioned in the affidavit belongs to the grandfather of the petitioner viz., Munusamy. The petitioner's grandfather executed unregistered Will in favour of the petitioner on 31.07.2007. There was a dispute between the petitioner and his grandmother, the petitioner filed a suit in O.S.702 of 2021 before the learned Sub Court, Denkanikottai against his grandmother viz., Periyapappa. During pendency of the said suit, the petitioner and his grandmother has decided to settle the issue amicably before the Lok Adalat and on 23.06.2022, they entered into agreement and his grandmother agreed not to disturb the peaceful possession and enjoyment of the plaintiffs. The petitioner has presented a copy of the award before the respondents for registration. The second respondent has returned the document along with the refusal check slip stating that he could not register the document which is based on an unregistered and not probated Will. Challenging the said refusal check slip, the petitioner has filed the present writ petition before this Court.

3. Learned counsel for the petitioner submitted that the award of the Lok Adalat is valid one and the second respondent ought to have registered his document and however, without any valid reason, he refused to register the same on the ground that the award was not passed by the trial Court, which is contrary to law. Hence, the learned counsel prays to allow the writ petition and to set aside the impugned order.

4. Learned Special Government Pleader appearing on behalf of the respondents submitted that whatever document is presented for registration, the Sub-Registrar has to necessarily entertain the same. In the present case on hand, there is no information about the other legal heir Duruvasan and further, the petitioner has produced an unregistered Will and the Lod Adalat Award, which cannot be registered in favour of the petitioner. Hence, the learned counsel prays to dismiss the writ petition.

5. Heard the learned counsel for the petitioner as well as the learned Special Government Pleader appearing on behalf of the respondents and perused the materials available on records.

6. The facts of the case are not in dispute. Considering the fact that the parties are arrived at a compromise between them with regard to the subject properties before the trial Court and obtained a decree before the Lod Adalat. However, the petitioner has presented the decree and unregistered Will for registration before the second respondent and the same was refused to register, which is not sustainable and also the reason stated by the respondent is not valid one