M.Sanggita v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE M.Sanggita ..Petitioner(s) Vs

1. The Sub Registrar Sub Registrar office, Pallavaram, Chennai-600 044

2. District Registrar office, Central Madras 268, Bharathi Salai, Express Estate, Royapettah, Chennai, Tamil Nadu-600 002

3. M.Pandian ..Respondent(s) Writ petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of certiorarified mandamus to call for the records relating to the Stop petition dated 08.02.2025 filed by the 3rd respondent before the Sub-Registrar, Pallavaram and quashing the same as illegal, incompetent, arbitrary and time-barred, and consequently directing the 1st respondent to register the petitioner's partition deed between the petitioner and her brother. For Petitioner(s):

Ms.R.Abirami For Respondent(s):

Mr.P.Harish, GA (R1 & R2)

ORDER

This writ petition has been filed challenging the protest petition dated 08.02.2025 filed by the third respondent before the first respondent.

2. According to the petitioner, the impugned protest petition filed by the third respondent is illegal, arbitrary and time-barred. The petitioner claims that in view of the protest petition, she is unable to register the partition deed entered into with her brother.

3. Mr.P.Harish, learned Government Advocate, accepts notice on behalf of the respondents 1 and 2. Since no adverse orders are passed against the third respondent, notice to the third respondent in this writ petition is dispensed with.

4. Admittedly, no final decision has been taken by the first respondent as to whether the partition deed proposed to be presented by the petitioner for registration can be registered or not. Even before a final decision is taken, the petitioner without even presenting the partition deed for registration, has approached this Court prematurely. Since the protest petition has been filed by the third respondent opposing registration of any document, which is the subject matter of this writ petition, necessarily, the third respondent will have to be heard along with the petitioner by the first respondent before a final decision is taken as to whether the partition deed presented by the petitioner for registration can be registered or not.

5. Since the petitioner has filed this writ petition prematurely, this writ petition is disposed of by directing the first respondent to hear the contentions

of the petitioner, the third respondent and any other necessary parties, as and when the petitioner presents the partition deed entered into with her brother for registration; and after hearing their respective contentions, the first respondent shall take a final decision as to whether the partition deed presented by the petitioner for registration can be registered or not, within a period of four weeks from the date of presentation of the partition deed for registration by the petitioner. In case the first respondent decides to refuse registration of the partition deed presented by the petitioner, the first respondent shall pass a speaking order with regard to the contentions of the petitioner as well as the objections raised by the third respondent. No Costs. W.M.P.No.11766 of 2026 is ordered.

25-03-2026 RKM To

1. The Sub Registrar Sub Registrar office, Pallavaram, Chennai-600 044

2. District Registrar office, Central Madras 268, Bharathi Salai, Express Estate, Royapettah, Chennai, Tamil Nadu-600 002

ABDUL QUDDHOSE, J.

RKM 25-03-2026