← Library
Madras High CourtWP/42095/2025dismissed with liberty

Thiru. Rajendran v. The Sub Registrar

2025-11-11Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2025

CORAM:

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY and W.M.P.No.47139 of 2025 Rajendran ... Petitioner Vs.

1.The Sub Registrar, Valavanur Sub Registrar Office, Villupuram District, Tamil Nadu.

2.The Revenue Divisional Officer, Villupuram District, Villupuram.

3.The Tashildar, Villupuram District, Villupuram.

4.Jayachitra 5.Sakthivel 6.Lakshmi 7.Keerathika 8.Minor Kumaran 9.Minor Kishore (Minors 8 & 9 are represented by her mother/natural guardian the 7th respondent) ... Respondents

PRAYER: Writ Petitions filed under Article 226 of Constitution of India, for issuance of Writ of Certiorarified Mandamus calling for records relating to the impugned partition deed dated 04.05.2017 registered as document No.794 of 2017 in Book 1 on the file of the first respondent and quash the same as highly illegal and consequentially direct the first respondent to make necessary entries of cancellation in the sale register.

For Petitioner : Mr.K.S.Ilangovan for M/s.Achari and Antoni Associates For Respondents 1 to 3 : Mr.U.Baranidharan, Special Government Pleader

O R D E R

This writ petition has been filed to call for records relating to the impugned partition deed dated 04.05.2017 registered as document No.794 of 2017 in Book 1 on the file of the first respondent and quash the same as highly illegal and consequentially direct the first respondent to make necessary entries of cancellation in the sale register.

2. Mr.U.Baranidharan, Special Additional Government Pleader takes notice on behalf of the respondents 1 to 3. By consent of both the parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. Learned counsel for the petitioner would submit that the property in dispute originally belongs to petitioner's father. After his demise, the said property was took possession by the petitioner by way of partition deed. This being the case, without the knowledge of the petitioner, the petitioner's brother Krishnamoorthy (now deceased) fraudulently cancelled the patta stands in the name of the petitioner in respect of disputed property and obtained a patta on his favour. Thereafter, the said fraudulent patta was cancelled by the respondent 2 &

3. Under these circumstances, the petitioner intended to execute a settlement in favour of his children, in respect of the disputed property and the first respondent informed the petitioner that his brother Krishnamoorthi and his family, who are the private respondents herein along with one Jayaprakash (deceased) executed a partition deed dated 04.05.2017 and registered the same as Doc.No.794 of 2017. In this regard, the petitioner gave a compliant before the District Registrar, Villupuram to cancel the forged partition deed, but the District Registrar has no power to cancel the same. Hence, the petitioner has come forward with the present writ petition.

4. Heard the learned counsel on either side and perused the materials available on record.

5. Challenging the alleged forged partition deed dated 04.05.2017, the petitioner has filed this writ petition. If at all the petitioner is aggrieved over the said partition deed, the right course available to him is, to challenge the same before the Civil Court and not before this Court. Therefore, I do not find any merits in this case and the writ petition is devoid of merits.

Accordingly, this writ petition stands dismissed with a liberty to the petitioner to approach the Civil Court. No costs. Consequently, connected miscellaneous petition is also closed. 11.11.2025 vm Index: Yes/No Internet: Yes/No Speaking Order/Non-speaking order

To 1.The Sub Registrar, Valavanur Sub Registrar Office, Villupuram District, Tamil Nadu.

2.The Revenue Divisional Officer, Villupuram District, Villupuram.

3.The Tashildar, Villupuram District, Villupuram.

KRISHNAN RAMASAMY, J.

vm 11.11.2025