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Madras High CourtWP/8443/2025disposed of

S.Selvanayaki v. The Sub Registrar

2025-03-14Honourable Mr Justice N. Anand Venkatesh6 pages

1/6

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. S.Selvanayaki 2.Gayathri Elango 3.Dharini Karthikeyan Petitioner(s) Vs

1. The Sub Registrar Sub Registrar Office, Kodumudi, Erode-638 151.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to receive and register the proposed partition deed to be executed by the petitioners by receiving the Photostat copy of the WILL dated 24.08.1964 registered as Doc. No.19/1964 in

2/6 Book 3, Part 18 found in page No.55 to 59 by considering the petitioners representation dated 22.01.2025.

For Petitioner(s):

Mr.M.Guruprasad For Respondent:

Mr.K.Karthick Jagannath Government Advocate

ORDER

This writ petition has been filed for issue of writ of mandamus directing the respondent to receive the photostat copy of the 'Will' dated 24.08.1964 registered as Document No.19 of 1964 by considering the representation made by the petitioners on 22.01.2025.

2.Heard Mr.M.Guruprasad, learned counsel appearing on behalf of the petitioner and Mr.K.Karthick Jagannath, learned Government Advocate appearing on behalf of the respondent.

3.The main grievance that was expressed by the learned counsel for the petitioners is that the petitioners were seeking for the certified copy of the 'Will'

3/6 dated 24.08.1964 registered as Document No.19 of 1964 and whereas, the relevant book was not available in the office of the respondent since this book had been sent to the Principal Sub Court, Erode and it is lying in the Court pertaining to a suit in O.S.No.438 of 1987.

4.Taking into consideration the facts and circumstances of the case, the relevant records belonging to the registration office cannot be retained by a Civil Court endlessly, since it involves many documents pertaining to various other parties. Therefore, whatever is the relevant document for which the book was taken to the Court, a copy of the said document can be retained by the Court and the book shall be returned back to the respondent, within a period of two weeks from the date of receipt of copy of this order. 5.On receipt of the relevant record, the respondent shall entertain the application submitted by the petitioners seeking for the certified copy of the 'Will' dated 24.08.1964 registered as Document No.19 of 1964.

4/6 6.This writ petition is disposed of with the above directions. No Costs. A copy of this order shall be marked to the Principal Sub Court, Erode. 14-03-2025 (2/2) Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To 1.The Principal Sub Court, Erode.

2.The Sub Registrar Sub Registrar Office, Kodumudi, Erode-638 151.

6/6 N.ANAND VENKATESH J.

ssr 14-03-2025 (2/2)