S.Annaperumayee v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 09.09.2016 Coram THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD)No.16131 of 2016 S.Annaperumayee . . .

Petitioner -VsThe Sub Registrar, Usilampatti Sub Registration Office, Usilampatti Taluk, Madurai District.

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Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to consider the Petitioner's representation dated 21.03.2016 within the period stipulated by this Hon'ble Court.

For petitioner :Mr.G.Radhakrishnan For Respondents :Mr.K.Mahesh Raja Govt. Advocate

ORDER

The petitioner has filed this writ petition seeking a direction directing the respondent to consider the petitioner's representation dated 21.03.2016 within a period stipulated by this Hon'ble Court.

2.According to the petitioner, he is absolute owner of the property in Sy.No.97/20, situated at Seemanuthu village, Mamarathupatti Road, Usilampatti Taluk, Madurai District and in this regard, a civil suit in O.S.No.214 of 2015 is filed by some other party, who is inimical to the petitioner, on the file of the District Munsif cum Judicial Magistrate Court, Usilampatti and the same is also pending. Suppressing all the facts, the plaintiff in the suit, entered into a partition between themselves and they have also registered a partition deed before the respondent/the Sub Registrar, Usilampatti Taluk, Madurai District in Document No.4682 of 2015, dated 17.12.2015. Hence, the petitioner made a representation to the respondent, on 21.3.2016 to delete some of the boundaries found in the above partition. Since the respondent did not take any action, he has filed this writ petition.

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3.The relief sought for in the writ petition cannot be granted for a simple reason that the Sub-Registrar has no power to delete anything found in the sale deed/partition deed, which was registered by him. If at all, the petitioner is aggrieved by the alleged partition deed, his remedy is only before the Civil Court and he cannot ask the Sub-Registrar to delete certain discriminations found in the said partition deed. 4.In the above circumstances, the writ petition is not maintainable. Hence, the same is dismissed. No costs. Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar To The Sub Registrar, Usilampatti Sub Registration Office, Usilampatti Taluk, Madurai District.

+1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No.51654 W.P.(MD).No.16131 of 2016 09.09.2016 vs SH/GSV-PM:26.09.2016:2P/3C https://hcservices.ecourts.gov.in/hcservices/