Madras High CourtWP/29396/2025disposed of

R.Ellamathi v. The Inspector General Of

2025-08-12Honourable Mr.Justice Mohammed Shaffiq7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.08.2025 Coram:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Ms.R.Ellamathi

...Petitioner

Versus

1.The Inspector General of Registration Department, O/o. Registration Department, Head Office, No.100, Santhome, Chennai - 600 028.

2.The Deputy Inspector General of Registration, 2nd Floor, Integrated Building Complex, Near Mansarovar CBSE School, Ammapettai, Salem - 636 014.

3.The District Registrar of Salem, East District Registration Office, Integrated Building for Registration, Near Mansarovar CBSE School, Ammapettai, Salem - 636 014.

4.Sub Registrar Thalaivasal, No.6/316, Arumuga Ayyar Nagar, Mummumudi, Thalaivasal, Salem - 636 112.

5.Village Administrative Officer (VAO), Thalaivasal Taluk, Office, Thalaivasal, Salem - 636 112.

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6.Tahsildar, Thalaivasal Circle, Salem.

7.Revenue Inspector, Revenue Inspector Office, Thalaivasal Circle, Salem.

8.Matheswaran

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 1 to 3 to consider the Representation dated 02.05.2025 regarding the cancellation of property Survey No.117/8 in the Partition Deed Document No.1813 of 2009 dated 13.07.2009 executed by the 8th respondent in Survey No.117/8. For Petitioner :

Mr.G.Murugendran For Respondents - 1 to 7:

Mr.U.Baranidharan, Special Government Pleader

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass in this writ petition, notice to the 8th respondent is dispensed with.

2. The relief sought in this writ petition is to direct the respondents 1 to 3 to consider the petitioner's Representation dated 02.05.2025 regarding 2/7

cancellation of Partition Deed Document No.1813 of 2009 dated 13.07.2009 executed by the 8th respondent in respect of the property comprised in Survey No.117/8 measuring an extent of 96 cents situated at Manivizhudan Colony, Salem District.

3. The learned counsel for the petitioner submitted that the petitioner made a Representation dated 02.05.2025 to respondents 1 to 3, requesting to cancel the Partition Deed dated 13.07.2009 registered as Document No.1813 of 2009 executed by the 8th respondent in respect of the property comprised in Survey No.117/8 measuring an extent of 96 cents situated at Manivizhudan Colony, Salem District. It is submitted that after considering the petitioner's Representation, 2nd respondent vide Proceedings dated 01.07.2025 bearing Na.Ka.No.2962/A3/2025 directed the 3rd respondent to take appropriate action, but, the 3rd respondent has not taken any action to cancel the said Partition Deed. Hence, the petitioner has filed the present writ petition for the relief stated supra.

4. The learned Special Government Pleader appearing for the respondents 1 to 7 submitted that though respondent authority may not have the power to cancel the partition deed, the 3rd respondent would in any view 3/7

consider the petitioner's Representation dated 02.05.2025, within a time frame to be fixed by this Court.

6. The above submission made by the learned Special Government Pleader for the respondents 1 to 7 has been fairly conceded by the learned counsel for the petitioner.

7. In view of the limited relief sought by the petitioner, this Court is inclined to dispose of this Writ Petition with the following directions: (i) The 3rd respondent is directed to consider the petitioner's Representation dated 02.05.2025, in accordance with law and keeping in view of the law laid down by this Court in the limits of power/authority of registration authorities in the context of cancellation of deed of conveyance, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, 8th respondent, all other interested parties including rival claimants, if any and pass orders within 12 weeks from the date of uploading of webcopy of this order without waiting for a certified copy of the same.

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(ii) It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open. No costs.

12.08.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order To 5/7