IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice V. LAKSHMINARAYANAN
DIWAKAR ELANGO – Appellant
Versus
THE INSPECTOR GENERAL OF REGISTRATION – Respondent
##PAGE1##
WP No. 50433 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-12-2025
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
WP No. 50433 of 2025
Diwakar Elango
Petitioner(s)
Vs
1. The Inspector General of
Registration
Registration Department, Government
of Tamilnadu, Santhome,
Chennai-600 004.
2.The Sub Registrar
Alandur Sub Registrar Office, Alandur,
Chennai-600 016
Respondent(s)
PRAYER
Writ Petition filed under Article 226 of the Constitution of India, praying
to issue a Writ of Certiorarified Mandamus, calling for the records of the
impugned refusal order dated 17.12.2025 in Refusal No.RFL/Alandur/34/2025
passed by the 2nd respondent and quash the same, consequently direct the 2nd
respondent to register the Settlement Deed to the petitioner dated 17.12.2025 for
its registration forthwith.
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##PAGE2##WP No. 50433 of 2025
For Petitioner(s): M/s.Chenthoori Pugazendhi
For Respondents: Mr.U.Baranidharan
Special Government Pleader
ORDER
Heard Mr.Chenthoori Pugazhendhi, learned counsel for the petitioner and
Mr.U.Baranidharan, learned Special Government Pleader for the respondents.
2. The petitioner executed the Settlement Deed on the strength of an
unregistered will. By the impugned order, the second respondent refused to
register the Settlement Deed on the ground that there is nothing in the
Encumbrance Certificate, reflecting the said documents.
3. The issue has already been concluded by a judgment of the Hon’ble
Mr.Justice N.Anand Venkatesh in W.P.No.16999 of 2020 dated 03.10.2020 and
paragraph No.8 reads as follows:
‘8. In view of the above discussion, this Court is inclined to
interfere with the refusal check slip issued by the respondent and
accordingly, the same is hereby quashed. The respondent is directed to
entertain the settlement deed dated 02.11.2020 presented by the
petitioner and register the same, if it is otherwise in order. It goes
without saying that necessary stamp duty and registration fee will
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##PAGE3##WP No. 50433 of 2025
have to be paid, at the time of registration, if not already paid. The
document shall be returned back to the petitioner after registration.’
4. Following the said judgment, the impugned order is quashed and the
writ petition is allowed. The direction is given by the Hon’ble Judge in
Paragraph No.8 of the aforesaid order will apply to the present case also. There
shall be no order as to costs.
26-12-2025
kak/mmi
Index:Yes/No
Neutral Citation:Yes/No
To
1.The Inspector General of Registration
Registration Department, Government
Of Tamilnadu, Santhome,
Chennai-600 004
2.The Sub Registrar,
Alandur Sub Registrar Office, Alandur,
Chennai-600 016
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##PAGE4##WP No. 50433 of 2025
V.LAKSHMINARAYANAN J.
kak/mmi
WP No. 50433 of 2025
26-12-2025
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