A.Ramesh v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY A.Ramesh ... Petitioner Vs.

1. The District Registrar, District Registrar Office, Virudhunagar, Virudhunagar District.

2. The Sub Registrar, Sub Registrar Office, Kariyapatti, Virudhunagar District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for records of the impugned Refusal Check Slip passed by the second respondent dated 25.04.2025, quash the same and consequently direct the second respondent to register the petitioner's partition - release deed dated 24.04.2025. For Petitioner : Mr.R. Murugappan For R-1 & 2 : Mr.S.Saji Bino Special Government Pleader 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the refusal check slip dated 25.04.2025 and consequently direct the second respondent to register the petitioner's partition - release deed dated 24.04.2025.

2. The partition deed was executed among the petitioner and the other legal heirs, thereby partitioned the property among themselves. Therefore, there cannot be any objection from the respondent for registering the same. It is seen the respondent has relied upon Section 22-A of the Registration Act, on the ground that the partition would result in the division of land, thereby attracting the provisions of Section 22-A. The respondent has wrongly interpreted the Section 22-A. In a case of partition among co-owners or legal heir, there cannot be any newly formed layout or formation of roads.

3. Therefore, the impugned refusal check slip date 25.04.2025 is hereby quashed. Consequently, the respondent is directed to register the partition cum release deed dated 24.04.2025, within a period of four (4) weeks from the date of receipt of a copy of this order.

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4. With the above said direction, this Writ Petition is allowed. There shall be no order as to costs.

25.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

1. The District Registrar, District Registrar Office, Virudhunagar, Virudhunagar District.

2. The Sub Registrar, Sub Registrar Office, Kariyapatti, Virudhunagar District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 25.06.2025 4/4