Indian V v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY V.Indian .. Petitioner Vs.

The Sub Registrar, Bodinayakanur, Theni District.

.. Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the (TP/255778403/2026) in RFL/Bodinayakanur/10/26 dated 26.03.2026 passed by respondent and to quash the same and consequently to direct the respondent to forthwith register the partition deed dated 27.02.2026.

For Petitioner : Mr.V.N.Arjun For Respondent : Mr.A.Baskaran Additional Government Pleader

ORDER

The writ petition is filed challenging the impugned refusal check slip dated 26.03.2026.

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2. When a partition deed was presented by the petitioner and others, the same is now refused to be registered on the ground that the patta in respect of the entire extent stands in joint names and when a portion of the property had already been sold and the rest is being partitioned, the patta with sub-division has to be obtained. The said reason contained in the refusal check slip cannot be countenanced. Inasmuch as the property is being partitioned among the coowners whose names are mentioned in the joint Patta. Merely because they have sold the part of the property, and when that part of the property is not included in the present deed of partition, mutation need not be insisted upon. The second reason mentioned is that, in the patta, the name of one person is mentioned as 'Ramaiah Thevar', whereas in the document it is mentioned as 'Ramasamy Thevar'.

3. In respect thereof, already the petitioner has obtained certificate from the village Administrative Officer that Ramasamy Thevar is the son of one Karuppana Thevar and his name is wrongly typed in the joint Patta as Ramaiah Thevar. While his correct name remains Ramasamy Thevar. In view thereof, the petitioner is directed to file a notarized affidavit stating that 'Ramasamy Thevar' is the correct name and his name is wrongly mentioned in the joint Patta and the same shall be acted upon.

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4. In view thereof, this writ petition is allowed on the following terms:- (i)The impugned refusal check slip, dated 26.03.2026, shall stand set aside and the matter is remanded back to the file of the respondent. (ii) Within two weeks from the date of receipt of a web copy of the order, the petitioner shall represent the document, along with notarised affidavit as directed above. Upon such representation, the same shall be considered and registered, if there is no other impediment. No costs. 29.04.2026 am NCC: No To The Sub Registrar, Bodinayakanur, Theni District.

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D.BHARATHA CHAKRAVARTHY, J.

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