D.Ashok Kumar v. The District Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 09.09.2025
CORAM
THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY D.Ashok Kumar ... Petitioner Vs.
1.The District Registrar, O/o District Registrar Office, Erode District, Erode.
2.The Sub Registrar, Sub Registrar Office, Thingalur, Erode District.
... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to return the petitioner partition deed document No:P/Thingalur/61/2025 and Receipt No:2724/2025 dated 15.07.2025 to the petitioner. For Petitioner : M/s.S.Sengkodi For Respondents : Mr.Abishek Murthy, Government Advocate 1/6
ORDER
The relief sought for in this writ petition is to direct the second respondent to return the petitioner's partition deed document No:P/Thingalur/61/2025 and Receipt No:2724/2025 dated 15.07.2025 to the petitioner.
2. Mr.Abishek Murthy, learned Government Advocate takes notice on behalf of the respondents. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.
3. The case of the petitioner is that petitioner's grandfather executed a will in favour petitioner and his brother in respect to properties comprised in S.No.607/2A Punjai acres 1.77-3/4 and S.No.522/4 7, 8, 9A, 9C, 10, 12 and 523/13, 14, 15A, 15b, 15D, 16 17, 18, situated at Srivallur Village, Gopichetiplayam, Erode District. The said grandfather died on 21.01.2006. Thereafter, the petitioner and his brother executed a partition deed for the aforesaid property and submitted the same before the third respondent for registration, however, 2/6
the same was not registered. Hence, the petitioner filed a writ petition in W.P.No.16638 of 2025 and this Court vide its order dated 11.04.2025, directed the third respondent to register the same, if it is otherwise in order. But, the third respondent neither registered the document or returned the original documents to the petitioner. In this regard, the petitioner made a representation dated 23.07.2025 before the second respondent, seeking return of documents. However, the same was not considered. Hence, the petitioner has come forward with the present writ petition.
4. Learned counsel for the petitioner submitted that the second respondent has refused to register the partition deed document and in this regard, he has also passed an order on 25.08.2025. However, till date, the second respondent has not returned the document.
5. Learned Government Advocate appearing for the respondents submitted that in the present case, the second respondent has refused to register a document and in this regard, he has passed a detailed order on 3/6
25.08.2025. Further, he would submit that in the event if the petitioner is inclined to file an appeal against the order dated 25.08.2025, he can prefer an appeal or alternatively, he intend to take back the document, he can collect the same at any point of time, if he approach the second respondent in person.
6. Heard the learned counsel on either side and perused the materials available on record.
7. In the present case, the second respondent refused to register the document and passed an order dated 25.08.2025. As rightly contended by the learned Government Advocate appearing for the respondents, for return of document, the petitioner can very well approach the second respondent in person. In which case, the second respondent is directed to hand over all the documents, which was submitted by the petitioner, with immediate effect. 4/6
With the aforesaid direction, this writ petition is disposed of. No costs.
09.09.2025 Speaking/Non-speaking order Index : Yes / No vm To 1.The District Registrar, O/o District Registrar Office, Erode District, Erode.
2.The Sub Registrar, Sub Registrar Office, Thingalur, Erode District.
5/6
KRISHNAN RAMASAMY.J., vm 09.09.2025 6/6