Anbumathi .R v. The District Registrar (Administration)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2023
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) No.18927 of 2021 R.Anbumathi .. Petitioner Vs.
1.The District Registrar (Administration), Additional Charge, Pattukottai, Thanjavur District.
2.The Sub Registrar-1, O/o. The Sub Registrar, K.M.S.K.Chettiyar Complex, Aranthangi Road, Pattukottai-614 601, 3.The Special Tahsildar, City Tax Plan Office, Periyakadai Street, Pattukottai, Thanjavur District.
4.O.Saravanakumar 5.M.Selvi .. Respondents
Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus forbearing the third respondent from changing the name of the patta holder in respect of the lands in Survey No.216/3, Pattukottai Taluk, Thanjavur District. For Petitioner :
Mr.S.Louis For RR1 to 3 :
Mr.C.Satheesh Government Advocate For R4 :
Mr.R.Ramachandran For R5 :
Mr.S.Alagar Samy
ORDER
This writ petition has been filed by the petitioner for a mandamus, forbearing the third respondent from changing the name of the patta holder in respect of the lands in S.No.216/3 of Pattukottai Taluk,
2. It is her contention that the undivided property in S.No.216/3, Pattukottai Town measuring an extent of 6153.7 sq.ft. stands in the name of one Late Ramasamy. Ramasamy's second son is one Rajagopalan, who is the father of the petitioner herein. Respondents 4 and 5, who are
also the legal heirs of Late Ramasamy, have attempted to take the property to themselves without the petitioner's knowledge and without giving a share to her as well as the daughter of her deceased elder sister. Respondents 4 and 5 have obtained a legal heirship certificate without showing the petitioner or her niece viz., the daughter of the deceased elder sister. Thereafter, upon the petitioner's objection, the said legal heirship certificate was cancelled. It appears that respondents 4 and 5 had thereafter executed a partition deed dated 17.06.2021 and got it registered. The petitioner has submitted her objection to the second respondent and has also filed a petition before the first respondent to cancel the registration of the partition deed.
However, the first respondent had rejected the request and passed an order absolving the Sub Registrar of any wrong doing or fraudulent act and stating that since the complaint is not relating to impersonation, there was no ground made out to cancel the registration of the partition deed. However, while passing the order, liberty has been granted to the petitioner to move the appropriate civil Court. Therefore, the petitioner has come by way of this writ petition.
3. Today, when the matter is called, the learned Government Advocate had produced the proceedings of the Deputy Inspector General of Registration, Thanjavur, dated 16.12.2022 rejecting the appeal filed by the petitioner. Therefore, nothing survives for consideration in the instant writ petition. It is open to the petitioner to challenge the order dated 16.12.2022 of the Deputy Inspector General of Registration, Thanjavur, in the manner known to law. Consequently, this Writ Petition is dismissed. No costs. Connected miscellaneous petition is closed. 19.04.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr
To 1.The District Registrar (Administration), Additional Charge, Pattukottai, Thanjavur District.
2.The Sub Registrar-1, O/o. The Sub Registrar, K.M.S.K.Chettiyar Complex, Aranthangi Road, Pattukottai-614 601, 3.The Special Tahsildar, City Tax Plan Office, Periyakadai Street, Pattukottai, Thanjavur District.
P.T.ASHA, J.
abr Dated: 19.04.2023