Madras High CourtWP/13520/2019disposed of with direction

R.Subramani v. The District Registrar

2025-09-23Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-09-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI and WMP NO. 13617 OF 2019 and 25158 OF 2024

1. R.Subramani 2.R.Nanjappan Petitioner(s) Vs

1. The District Registrar Tirupur 2.The Sub Registrar Thottipalayam Tirupur 3.M.Pappathi 4.Pappammal 5.Subbulakshmi 6.Subbulakshmi 7.S.Pappathi Respondent(s) PRAYER; This writ petition has been filed under Article 226 of Constitution of India, to issue a writ of certiorarified Mandamus calling for the records relating to the order made in NA.KA.NO 6217/B1/2016 dated 12-6-2017 passed by the

1st Respondent quash the same and consequently dirct the 2nd respondent to register the release deed dated 9-11-2016 kept as pending document in P28/2016 DATED 26-12-2016 executed between the petitoners and the respondents 3 to 6 and handover the same to the petitioners after registration. For Petitioner(s):

Mr.G.Ethirajulu For Respondent(s):

Mr.R.Sasikumar, GA RR1 & 2 RR3 to 6 - no appearance

ORDER

This petition has been filed seeking to quash the order made in NA.KA.NO 6217/B1/2016 dated 12-6-2017 passed by the 1st Respondent and consequently direct the 2nd respondent to register the release deed dated 9-112016 kept as pending document in P28/2016 dated 26-12-2016 executed between the petitioners and the respondents 3 to 6 and handover the same to the petitioners after registration.

2. It is the case of the petitioner that the lands in S.Nos.271/2, 272/2, 273, 274 and 275/5 situated at Thottipalayam Village, Tiruppur and other properties are the family properties of the petitioner's father M.Rangasamy and his brother. A partition was effected in the year 1981 between the petitioners' father and his brothers in document No.2206/1981 before the SRO, Tiruppur wherein Cschedule properties were allotted to the petitioners' father. The petitioner's father along with the petitioners sold an extent of 1.15 acres of land on

28.05.1984 under the document No.1124 of 1984 before the SRO, Thottipalayam in favour of the Krishnamoorthy and others. The petitioners' brother Kittusamy died on 02.06.1986 without marriage. Thereafter, a registered partition was made on 16.07.2009 between the petitioners and their father registered as document No.3234 of 2009. Thereafter, the first respondent got patta bearing No.2451 in his favour regarding to the lands an extent of 53 cents and the second petitioner got patta bearing No.2453 for an extent of 51 cents. Both the petitioners have obtained joint patta bearing No.2452 in respect of 24 cents and they are in possession and enjoyment of the lands allotted to them. Thereafter the petitioners father died on 07.01.2013. Subsequently, the petitioner's sister executed a release deed on 09.11.

2016 in their favour and the same was presented for registration. Without the knowledge of the petitioners and their sisters, the second respondent kept the document as pending document. Without giving any notice to the petitioners, the second respondent sent the original copy of the document to the first respondent. The first respondent passed the impugned order on 12.06.2017 directing the second respondent to conduct an enquiry. Challenging the said order, the present writ petition has been filed.

3. The learned counsel for the petitioner submitted that Without interfering with the impugned order, this Court may permit the petitioners to appear before the second respondent for enquiry. This Court may direct the second respondent to conclude the proceedings within the stipulated time as

fixed by this Court.

4. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this court, without interfering with the impugned order, directs the petitioners to appear before the second respondent and submit necessary documents within a period of two weeks from the date of receipt of a copy of this order; Upon receipt of the same, the second respondent shall conduct enquiry in proceeding No.P28/2016 dated 26.12.2016 and conclude the proceedings within a period of six weeks thereafter, after providing opportunity to either side.

5. With the above directions, the writ petition is disposed of. Consequently, connected miscellaneous petitions are closed. No costs. 23-09-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Registrar Tirupur 2.The Sub Registrar Thottipalayam Tirupur

M.DHANDAPANI J.

rli 23-09-2025