Sureshkumar v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Suresh Kumar ... Petitioner Vs.

The Sub Registrar, Sholagiri Sub-Registration Office, Krishnagiri District.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to register the partition deed dated 21.07.2025 presented on the same day vide application No.TP/226969301/2025 in Token No.7 (D307) and to return the same forthwith and pass orders.

For Petitioner(s) : Ms.P.Vidhya Shree for Mr.B.Vikram Veerasamy For Respondent(s) : Mr.Abishek Murthy Government Advocate

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. 1/5

2. The present writ petition is filed praying for a writ of mandamus to direct the respondent to register the partition deed dated 21.07.2025 presented on the same day vide application No.TP/226969301/2025 in Token No.7 (D307) and to return the same forthwith.

3. It is submitted by the learned counsel for the petitioner that the land comprised in Survey No.311 measuring an extent of 15.98 acres situated at Nallaganakothapalli Village, Shoolagiri Taluk, Krishnagiri District belonged to petitioner's grandmother. After her demise, petitioner and his family members decided to divide the subject property. Hence, they entered into a partition deed dated 21.07.2025 and presented the document for registration vide online application No.TP/226969301/2025 dated 20.07.2025 in Token No.7 (D307). However, the same is kept pending. Hence, the petitioner has filed the present writ petition.

4. At the outset, it was submitted by the learned Government Advocate that it is not clear as to whether the petitioner had even presented the above partition deed dated 21.07.2025 before the respondent although there is an averment in the affidavit that the partition deed was in fact presented on the very 2/5

same day. On the other hand, he would submit that the petitioner had not yet presented the partition deed. If the partition deed dated 21.07.2025 is presented before the respondent, the same would be registered, if it is otherwise in order. If, for any reason, the Sub Registrar is of the view that the registration ought to be refused, he would do so after assigning reasons, which was agreed to by the learned counsel for the petitioner.

5. In view thereof, if the partition deed dated 21.07.2025 was already presented, and the same is kept pending, the respondent shall register the same, if it is otherwise in order, in accordance with law. If the partition deed is not yet presented, it is open to the petitioner to present the partition deed dated 21.07.2025 before the respondent. On such presentation, the respondent shall register the partition deed, if it is otherwise in order, in accordance with law. If for any reason, the respondent refuses to register the partition deed, he shall assign reasons in the refusal slip, which was agreed to by both counsel for petitioner as well as respondents. 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 case on its own merits and in accordance with law.

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6. Accordingly, the writ petition stands disposed of. There shall be no order as to costs.

11.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn To:

The Sub Registrar, Sholagiri Sub-Registration Office, Krishnagiri District.

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MOHAMMED SHAFFIQ, J.

mrn 11.08.2025 5/5