D.Bhuvaneswaran v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ 1.D.Buvaneswaran 2.D.Maheswari : Petitioners Vs.

1.The District Registrar, Kamaraj Salai, Sakthi Nagar, Saram, Puducherry.

2.The Sub Registrar, Oulgaret, Puducherry.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondents to receive the partition deed from the petitioners and register the documents in connection with the petitioner's property comprised in R.S.No.24/3 Cadaster No.822 admeasuring an extent of 55 Ares situated at Olugaret Revenue Village, Puducherry, within a time frame fixed by this Court.

For Petitioners : Mr.K.Sasindran For Respondents : Mr.V.Vasantha Kumar Additional Government Pleader (P) for R1 and R2

ORDER

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

2. The present writ petition is filed praying for a writ of mandamus to direct the respondents to receive the partition deed from the petitioners and register the documents in connection with the petitioner's property comprised in R.S.No.24/3 Cadaster No.822 admeasuring an extent of 55 Ares situated at Olugaret Revenue Village, Puducherry, within a time frame fixed by this Court.

3. At the outset, it was submitted by the learned Additional Government Pleader that protest petition has been received from one Kanaveni and they would furnish a copy of the protest petition to the petitioner at their costs and if the petitioner represents the partition deed along with response to the protest petition, the partition deed 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.

4. In view thereof, the second respondent shall furnish a copy of the protest 2/5

petition to the petitioner, within a period of one week from the date of uploading of the web copy without waiting for the receipt of certified copy. On receipt of the copy of the protest petition, it is open to the petitioner to represent the partition deed before the second respondent along with their response to the protest petition. On such representation, the second respondent shall register the partition deed, if it is otherwise in order, in accordance with law, after issuing notice, conducting enquiry and affording a reasonable opportunity of hearing to the petitioner, Kanaveni and all other interested parties including rival claimants, if any, within a period of four weeks thereafter.

If for any reason, the second respondent proposes to refuse to register the partition deed, he shall assign reasons in the refusal slip/order, 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.

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

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05.08.2025 Speaking (or) Non Speaking Order mrn To 1.The District Registrar, Kamaraj Salai, Sakthi Nagar, Saram, Puducherry.

2.The Sub Registrar, Oulgaret, Puducherry.

MOHAMMED SHAFFIQ, J.

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