S.Thirumurthy Inbaraj v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH and W.M.P.No.5811 of 2025 S.Thirumurthy Inbaraj S/o.Selvaraj

...Petitioner

Vs.

1.The District Registrar, Chengalpattu District, Chengalpattu.

2.The Sub Registrar, Cheyyur, Chengalpattu District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents herein to receive the partition deed dated 24.12.2024 for registration in TP/205174355/2024 and register the same, by accepting the payment of stamp duty, payable. For Petitioner : Mr.W.M.Abdul Majeed For Respondents : Mr.U.Baranidharan Special Government Pleader ***** 1/4

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the second respondent to receive the partition deed dated 24.12.2024 and to register the same.

2. Heard Mr.W.M.Abdul Majeed, learned counsel for petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing for respondents.

3. The case of the petitioner is that the subject properties are ancestral in nature and there was a dispute among the brothers and sisters, which resulted in a partition suit filed in O.S.No.332 of 2021 before the Additional District Judge, Kancheepuram. A compromise decree dated 17.10.2022 was passed based on the Joint Compromise filed before the Court. Thereafter, a partition deed dated 24.12.2024 was entered into between the brothers and sisters and it was presented for registration before the second respondent. The second respondent did not register the document on the ground that a preliminary decree was passed and thereafter, without there being a final 2/4

decree, the partition deed cannot be entertained. It is under these circumstances, the present writ petition has been filed before this Court.

4. In the considered view of this Court, the parties to the partition deed were the parties, who had approached the civil Court earlier. They have reached a compromise and have decided to divide the shares and accordingly, they have entered into a partition deed dated 24.12.2024. Under such circumstances, there is no reason for the second respondent to refuse to register the partition deed on the ground that a preliminary decree alone was passed. Therefore, there shall be a direction to the second respondent to entertain the partition deed dated 24.12.2024 and register the same, if it is otherwise in order. This writ petition is disposed of with the above direction. No costs. 20.02.2025 Index : Yes/No Speaking Order / Non Speaking Order gm 3/4

N. ANAND VENKATESH, J gm To 1.The District Registrar, Chengalpattu District, Chengalpattu.

2.The Sub Registrar, Cheyyur, Chengalpattu District.

20.02.2025 4/4