MOHAMMED ASSAN Vs. JOINT SUB REGISTRAR NO. II

JUDGEMENT

(1.) This writ petition has been filed challenging the impugned refusal check slip in Refusal Number RFL/Joint Sub-Registrar No.II,Tenkasi/41/2024, dtd. 26/3/2024 issued by the respondent and quash the same as illegal and unconstitutional and consequently to direct the respondent to forthwith register and release the deed of relinquishment, dtd. 26/3/2024 presented by the Petitioner, within the time fixed by this Court.

(2.) Heard the learned counsel on either side and perused the materials placed before this Court.

(3.) The petitioner and his brother K.Mubarak @ Abdul Mubarak jointly purchased the landed property in New Aya Nanaja in S.No.1052/4 admeasuring 36 cents and New Ayan Nanja in S.No.1053/2 admeasuring 7 cents totally 43 cents situate at Tenkasi Village through registered sale deed vide document No.862 of 2000, dtd. 24/4/2000 and they have equal share in the said land.While so the Petitioner had executed a deed of relinquishment in favour of his broher K.Mubarak @ Abdul Mubarak and presented the same for registration on 26/3/2024 stating that the original document was not produced and name of the claimant K.Mubarak differ with the name found in the previous document and directed to produce the necessary certificate to prove both K.Mubarak and K.Mubareak @ Abdul Mubarak are one and the same. Hence the Writ Petition is filed for the aforesaid relief.