Madras High CourtWP(MD)/25200/2023disposed of

Valliammal v. The Sub Registrar

2023-11-03Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.25200 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.25200 of 2023 Valliammal ... Petitioner Vs.

The Sub Registrar, Kariapatti Sub Registrar Office, Virudhunagar District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to register the partition deed dated 11.04.2023 presented by the petitioner as co-claimant vide TP/148081926/2023 and release the same immediately subject to payment of stamp duty.

For Petitioner : Mr.S.Balamurugan For Respondent : Mr.V.Nirmal Kumar, Government Advocate.

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O R D E R

Heard both sides.

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2 W.P.(MD)NO.25200 OF 2023

2. The petitioner has entered into a partition deed dated 11.04.2023 with others. It was presented for registration. One Mariyammal, W/o.Karuppannan lodged objections. In view of the same, the document presented by the petitioner was not registered. The refusal check slip has also not been issued. The document was not even accepted for registration.

3. The learned counsel appearing for the petitioner points out that the testators, namely, Panidiammal and Nagammal had patta in their favour (Patta No.196).

4. The registering authority cannot refuse to register the document, when the revenue record is in favour of the executants. However, considering the special facts and circumstances of this case, the petitioner is permitted to re-present the document in question. The respondent will receive it. However, the respondent will intimate the objector about the submission of the document by the petitioner for registration. The objector will be given six weeks time to obtain interim order from the jurisdictional civil Court. If at 2/4

3 W.P.(MD)NO.25200 OF 2023 the end of six weeks period, the objector is unable to obtain any interim injunction restraining the registration of the document in question, the document shall be registered and released subject to fulfillment of the other usual formalities. This writ petition stands disposed of. No costs. 03.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU Note : Issue order copy on 08.11.2023.

To:

The Sub Registrar, Kariapatti Sub Registrar Office, Virudhunagar District.

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4 W.P.(MD)NO.25200 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.25200 of 2023 03.11.2023 4/4