O.Arunachalam Chettiar v. The District Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.20059 of 2025 O.Arunachalam Chettiar ... Petitioner vs.

1. The District Registrar, Karaikudi.

2. The Sub Registrar, Devakottai, Sivagangai District.

3. The Sub Collector, Devakottai, Sivagangai District.

4. The Thasildar, Devakottai, Sivagangai District.

5. AR. Veerappa Chettiar ...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 2nd respondent not to register any document will be presented by the 5th respondent and act upon the registered partition deed no 5305/1966 dated 15.07.1966 on the file of Joint V Sub Registrar, Madurai and consequently directing the 3rd respondent to conduct denova enquiry within time stipulated by this Court. 1/6

For Petitioner : Mr.RM.Arun Swaminathan For Respondents : Mr.S.Saji Bino Special Government Pleader, for R-1 to R-4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the 2nd respondent not to register any document that would be presented by the 5th respondent and strictly direct the respondents to act upon the registered partition deed no 5305/1966 dated 15.07.1966 on the file of Joint V Sub Registrar, Madurai and consequently directing the 3rd respondent to conduct denova enquiry within the time stipulated by this Court.

2. The learned counsel appearing for the petitioner submitted that, through the partition deed, the petitioner is entitled to certain properties and the 5th respondent is entitled to different properties. But based on the Patta issued in the name of the 5th respondent is trying to alienate the property which is allotted to the petitioner.

3. The Learned Special Government Pleader appearing for respondents 1 to 4 submitted that the petitioner has not submitted a copy of the partition deed. If presented, the same would be considered as per law. 2/6

4. In view of the aforesaid submission, the second respondent is directed to consider the petitioner's protest petition dated 25.04.2025 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of the order, after issuing notice to the petitioner as well as the 5th respondent. However, it is strictly directed that the petitioner's protest petition be considered in light of Partition Deed No. 5305/1966 dated 15.07.1966, on the file of the Joint V Sub Registrar, Madurai. The petitioner is directed to produce a certified copy before the registering authorities.

5. As for the issuance of patta in the name of the 5th respondent, the learned counsel appearing for the petitioner submitted that the said patta was issued without hearing the petitioner and other legal heirs. Therefore, the said patta is kept in abeyance. Consequently, the 3rd respondent is directed to issue notice to the petitioner and the 5th respondent and other legal heirs. Thereafter, a denovo inquiry shall be conducted, and appropriate orders shall be passed based on the petitioner's representation dated 19.07.2025, within a period of eight weeks from the date of receipt of a copy of the order. 3/6

6. With these directions, this writ petition is disposed of. No Costs. 22.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA Note : Issue a copy of order today on 30.07.2025 4/6

To:

.

1. The District Registrar, Karaikudi.

2. The Sub Registrar, Devakottai, Sivagangai District.

3. The Sub Collector, Devakottai, Sivagangai District.

4. The Thasildar, Devakottai, Sivagangai District.

5/6

S.SRIMATHY , J.

KSA ORDER MADE IN W.P(MD)No. 20059 of 2025 DATED :22.07.2025 6/6