Gopinath R v. The District Registrar Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.7630 of 2025 R. Gopinath ... Petitioner Vs

1. The District Registrar Officer, Kumbakonam, Thanjavur District.

2. The Joint -I Sub Registrar Office, Kumbakonam, Thanjavur District.

3. N.Periyasamy ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the 1st respondent made in Pa.Mu.No. 1264/I/2022 dated 16.03.2023 and quash the same same and consequently direct the 2nd respondent to delete the remarks made based on the 1st respondent proceedings in respect of S.No.90/1, Annal Agraharam Village, Kumbakonam Taluk, Thanjavur District.

1/6

For Petitioner : Mr. R.Murali For R-1 & R-2 : Mr.S.Saji Bino Special Government Pleader For R-3 : Mr.S.Deenadhayalan

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned order dated 16.03.2023 and consequently, direct the 2nd respondent to delete the remarks made based on the 1st respondent proceedings in respect of S.No.90/1, Annal Agraharam Village, Kumbakonam Taluk, Thanjavur District.

2. The brief facts are that the petitioner's grandfather, namely, S.Periyasamy Padayachiyar, is the owner of the property in question and he had five children. The said grandfather executed a registered settlement deed dated 29.12.2006 in Document No.4565 of 2006, settling the properties in favour of his five children. The following tabulation is indicating the same. S.No.

Name Survey No 2/6

1.

Rajendran S.No.9/12, 9/13, 10/6, 10/7, 215/3, 215/4 and etc.

2.

Ramachandran S.No.9/12, 9/13, 10/6, 10/7, 23/1 and 23/11 3.

Rajaraman S.No.23/2, 3, 4, 5, 6 and 90/1 etc 4.

Rajeshwari S.No.258/1C 5.

Rajalakshmi S.No.92/2 In the impugned order, while considering the objection of the third respondent, the first respondent held that the document No.4565/06 itself was invalid stating that Survey No.215/3 belongs to the third respondent.

3. The contention of the petitioner is that, admittedly Survey No.215/3 belonged to the third respondent. However, by taking that into consideration, the first respondent declared the entire settlement deed in Document No.4565 of 2006 as invalid, even though several other survey numbers are covered under the said document. Therefore, the petitioner has no objection to restricting the order only in respect of Survey No.215/3.

4. The learned Counsel appearing for the third respondent has also accepted the same.

5. On perusing the same, the third respondent has executed a settlement deed in respect of various survey numbers as stated in the tabulation. The 3/6

petitioner has admitted that Survey No.215/3 belongs to the third respondent. Therefore, it is suffice if the impugned order is restricted only to Survey No. 215/3. Accordingly, the impugned order is modified to the extent that Document No.4565 of 2006 is invalid only insofar as it relates to S.No.215/3. As far as the other survey numbers are concerned, the said document is valid. It is further directed that if any document is presented in respect of survey numbers other than S.No.215/3, the respondent shall entertain and register the same in accordance with law.

6. With the above said directions, this Writ Petition is partly allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

18.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

4/6

1. The District Registrar Officer, Kumbakonam, Thanjavur District.

2. The Joint -I Sub Registrar Office, Kumbakonam, Thanjavur District.

5/6

S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 18.07.2025 6/6