Madras High CourtWP(MD)/23834/2024dismissed

Amutha v. The Inspector General Of Registration Department

2024-10-04Honourable Mr Justice N. Sathish Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2024 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Amutha ... Petitioner Vs.

1.The Inspector General of Registration Department, No.100, Santhom High Road, Chennai.

2.The District Registrar, Dindigul District.

3.The Sub Registrar, Sub Registrar Office, Batlagundu, Nilakottai Taluk, Dindigul District.

4.Rathakrishnan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to refrain themsevles from register the unregistered deed of Will dated 24.05.1996 till the disposal of the partition suit in O.S.No.406 of 2024 on the file of the Principal District Judge, Dindigul District on the basis of the petitioner's representation dated 04.09.2024.

For Petitioner : Mr.T.Indrachithu For R1 to R3 : Mr.P.Subbaraj Special Government Pleader 1/4

ORDER

This writ petition has been filed by the petitioner seeking for a writ of mandamus directing the Sub Registrar not to register the unregistered deed of Will dated 24.051996, till the disposal of the partition suit in O.S.No.406 of 2024 on the file of the Principal District Judge, Dindigul District, by considering her representation dated 04.09.2024.

2. It is brought to the notice of this Court that already writ petition has been filed in W.P(MD).No.10745 of 2024 in respect of the property in question, wherein this Court, by order dated 26.06.2024, directed the third respondent to conduct enquiry and pass order. Pursuant to the same, enquiry has been completed. In such view of the matter, a blanket direction not to register the Will dated 24.05.1996 cannot be granted at this stage. As this Court already directed to conduct enquiry, which appears to have been completed, the authority concerned shall decide the matter on the basis of the enquiry. Accordingly, this Writ Petition is dismissed. No costs. 04.10.2024 NCC : Yes / No Index : Yes / No Rmk 2/4

To 1.The Inspector General of Registration Department, No.100, Santhom High Road, Chennai.

2.The District Registrar, Dindigul District.

3.The Sub Registrar, Sub Registrar Office, Batlagundu, Nilakottai Taluk, Dindigul District.

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N.SATHISH KUMAR, J Rmk 04.10.2024 4/4