IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2025

CORAM:

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY

Basherunisa Begum ... Petitioner

Vs.

1.The Inspector General of Registration,

No.100, Santhome High Road,

Raja Annamalaipuram, Chennai.

2.The District Registrar,

Dharmapuri, Dharmapuri District.

3.The Joint-1 Sub Registrar,

Dharmapuri,

Dharmapuri District. ... Respondentss

PRAYER: Writ Petitions filed under Article 226 of Constitution of India, for issuance of Writ of Certiorarified Mandamus calling for the records in respect of impugned order – Refusal Number : RFL/Joint-1 Sub Registrar Office, Dharmapuri / 109/2025, dated 15.10.2025, passed by the third respondent herein and quash the same and direct the third respondent to register the General Power of Attorney or Sale Deed in respect of land and building comprised in Vellagoundanpalayam Village Survey No.85/A1A1C1C2A, new Natham Survey No.85/A2, Ward-C, Block-3, T.S.No.4, Dharmapuri Municipality to an extent of 0025 Sq.meter of land (208 ¼ Sq.ft.,) situated at Door No.7 as per municipal Property Tax

receipt, Door No.13/7, Dharmapuri Town, Pennagarum Main Road, Dharmapuri District and a shop jointly executed by the petitioner and her son Mr.H.Khader Hussaini @ H.Vazeem in favour any third parties.

For Petitioner : Mr.B.Govindaprabhu For Respondents : Mr.U.Baranidharan, Special Government Pleader

O R D E R

With consent, this Writ Petition is taken up for final disposal at the time of admission itself.

2. This Writ Petition has been filed challenging the Refusal Check Slip dated 15.10.2025 issued by the third respondent herein and to quash the same and consequently, to direct the third respondent to register the General Power of Attorney or Sale Deed executed by the petitioner and her son Mr.H.Khader Hussaini @ H.Vazeem in favour any third parties.

3. The facts of the case, in short, are as follows:-

i) The petitioner is the owner of the subject property situated in Dharmapuri Town, Pennagarum Main Road, Dharmapuri District. The subject property was settled in favour of the petitioner by her husband vide settlement deed dated 29.12.1987, registered as Doc.No.866 of 1988.

Thereafter, the petitioner's husband unilaterally cancelled the said settlement deed by virtue of cancellation deed dated 01.02.2007 and settled the subject property in favour of his son, viz., Vazeem vide settlement deed dated 13.04.2007. Aggrieved by the same, the petitioner has filed a suit in O.S.No.42 of 2008 for the relief of declaration and injunction.

ii) Pending the said suit, the petitioner's son executed a settlement deed dated 05.03.2015 in favour of his wife, in respect of the above said property. In the meantime, the petitioner's husband passed away on 25.02.2009. Therefore, her son was impleaded as party in the aforesaid suit. The Trial Court, by virtue of judgment and decree dated 29.11.2016, partly decreed the suit and granted the relied of declaration of title over the suit properties. Aggrieved over the same, the petitioner's son filed an Appeal in A.S.No.8 of 2017, which was dismissed on 29.11.2018.

iii) Thereafter, the petitioner's son filed Second Appeal in S.A.No.218 of 2019, before this Court, wherein, a compromise memo was filed and the petitioner has accepted to settle the ‘A’ schedule” property in favour of her daughter and ‘B’ schedule property in favour of her son and also to re-pay a sum of Rs.6,00,000/- to the tenant.

iv) Thereafter, the petitioner and her son decided to sell the subject property, and accordingly, they both jointly executed a General Power of Attorney (POA/sale deed dated 14.10.2025, in favour of Mr.B.Eliyasbasha). However, when the said POA was presented for registration, the third respondent, Registering Authority refused to register the same and issued the impugned Refusal Check Slip dated 15.10.2025. Challenging the such Refusal Check Slip, the petitioner has come forward with the present Writ Petition.

4. Learned counsel for the petitioner would submit that by virtue o