Devaki Ammal v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Devaki Ammal W/o.K.Balan Petitioner Vs

1. The Inspector General of Registration No.100, Santhome High Road, Foreshore Estate, Pattinapakkam, Chennai 600 028.

2.The Sub-Registrar, O/o.Sub-Registrar, Joint I, Chennai South, Saidapet, Chennai 600 015 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the second respondent to register the final decree dated 05.03.2024 passed in O.S. No.250 of 1999 on the file of Sub-Court at Poonamallee in the light of the order passed by this Court in W.P.No.27134 of 2024 dated 20.09.2024. For Petitioner : Mr.S.Ilamuhil For Respondents : Mr.U.Baranidharan Special Government Pleader *****

O R D E R

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This writ petition has been filed seeking issuance of a writ of mandamus directing the second respondent to register the final decree passed in O.S.No.250 of 1999 dated 05.03.2024 on the file of Sub-Court, Poonamallee.

2. Heard Mr.S.Ilamuhil, learned counsel for petitioners and Mr.U.Baranidharan, learned Special Government Pleader appearing for respondents.

3. Learned Special Government Pleader, based on the instructions received from the respondents, submitted that Survey No.4 has already been sub-divided as Survey Nos.4/1A, 4/1B and 4/2 and hence, unless the correct survey number is incorporated in the decree, the same cannot be accepted for registration.

4. In the considered view of this Court, the decree pertained to the suit that was instituted in the year 1999 at which point of time there was no sub-division. Therefore, the decree can always be entertained and registered and thereafter, necessary mutation can be made. In view of the same, there shall be a direction to the second respondent to accept the 2/4

final decree passed in O.S.No.250 of 1999 dated 05.03.2024 on the file of Sub-Court, Poonamallee and register the same on payment of necessary charges.

This writ petition is disposed of with the above direction. No costs.

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1. The Inspector General of Registration No.100, Santhome High Road, Foreshore Estate, Pattinapakkam, Chennai 600 028. 2.The Sub-Registrar, O/o.Sub-Registrar, Joint I, Chennai South, Saidapet, Chennai 600 015 N.ANAND VENKATESH, J gm 3/4

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