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Madras High CourtWP/50441/2025disposed of

Govindasamy v. The Inspector General Of Registration,

2025-12-26Honourable Mr.Justice V. Lakshminarayanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-12-2025

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN Govindasamy S/o Paramasivam, No 3/526, Rajiv Gandhi nagar, Palayam Village and Post, Nallampallai Taluk, Dharmapuri District Petitioner(s) Vs

1. The Inspector General of Registration, Santhome High Road, Chennai 2.The District Registrar, Office of District Registrar, Dharmapuri District 3.The Sub Registrar SRO office, Dharmapuri West, Dharmapuri District.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records from the file of the 3rd Respondent relating to RFL / Dharmapuri West / 128/ 2025 dated 06.11.2025 and quash the same and consequently to direct the 3rd Respondent to register the document on presentation relating to the property comprised in Survey Nos.120/1, 120/10, 130/3, 251/1C5, 252/3A and 255/5D, situate at

Palayam Revenue Village, Nallampalli Taluk, Dharmapuri District within the SRO Dharmapuri West admeasuring a total extent of 3.14 cents and complete the registration.

For Petitioner(s):

Mr.D.Thirumoorthy For Respondents:

Mr.U.Bharanidharan Special Government Pleader

ORDER

Heard Mr.D.Thirumoorthy, learned counsel for the petitioner and Mr.U.Bharanidharan, learned Special Government Pleader for the respondents.

2. The petitioner presented a partition deed for Survey Nos.120/1, 120/10, 130/3, 251/1C5, 252/3A and 255/5D of Palayam Village, Nallampalli Taluk, Dharmapuri District. The third respondent refused to register the document on account of an interim order granted in O.S.No.115 of 2021 on the file of the District Munsif Court at Dharmapuri. Challenging the same, the present writ petition has been filed.

3. When the matter came up for hearing, Mr.Bharanidharan has produced the instructions from the third respondent. Along with the said instructions, the third respondent has enclosed a protest petition filed by the plaintiffs Chinnasamy and Sivan. Mr.Thirumoorthy urges that the property which is the subject matter of the partition deed is not the subject matter of the partition suit. This is not an issue which can be gone into in a writ jurisdiction. Hence, this writ petition is disposed of in the following terms:

(i) The petitioner shall submit his representation pointing out that the property which is the subject matter of the partition deed is not the property which is the subject matter of O.S.No.115 of 2021 on the file of the District Munsif Court at Dharmapuri;

(ii) This representation shall be clubbed along with protest petition that has been given by the said Chinnasamy in j/k/vz;.45/2025. Thereafter, the third respondent shall pass appropriate orders. In case, he comes to a conclusion that the suit property and the property, which is the subject matter of partition deed are one and the same, he shall refuse registration. In case, it is not so, he shall register the document. Needless to add that prior to the orders being passed, both the petitioner and Mr.Chinnasamy must be heard.

There shall be no order as to costs.

26-12-2025 kak/mmi Index:Yes/No

To

1. The Inspector General of Registration, Santhome High Road, Chennai 2.The District Registrar, Office of District Registrar, Dharmapuri District 3.The Sub Registrar SRO office, Dharmapuri West, Dharmapuri District.

V.LAKSHMINARAYANAN J.

kak/mmi 26-12-2025