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Madras High CourtWP(MD)/24500/2024allowed

N. Latha v. The District Registrar

2024-10-17Honourable Mr Justice N. Sathish Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2024

CORAM

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

1.The District Registrar, District Registrar Office, Registration Department, Cantonment, Trichirappalli.

2.The Sub Registrar, Sub Registrar Office, Srirangam, Tiruchirappalli.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second respondent to accept and register the rectification deed (Temporary No.TP/180763049/2024) submitted on 02.05.2024.

For Petitioner : Mr.N.Sudhakar Nagaraj For Respondents : Mr.P.Subbaraj Special Government Pleader

O R D E R

Mr.P.Subbaraj, learned Special Government Pleader takes notice for the respondents.

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2.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

3.The case of the petitioner is that the petitioner and his siblings have entered into a partition deed on 23.12.2022 and the same was registered in Document No.4169/2022 on the file of the second respondent. While registering the above said partition deed, a mistake had been crept with regard to the boundaries of the subject property. Realising the said mistake, now the parties have executed a rectification deed with the correct boundaries. When the petitioner presented the said rectification deed for registration, the same was refused to be registered. Hence, the petitioner seeks a direction to register the said deed.

4.The learned counsel for the petitioner brought to the notice of this Court the communication addressed by the District Registrar to the authorities stating that the rectification can be registered before the concerned Sub Registrar.

5.In view of the above, when the parties are willing to execute the document to rectify the mistake that had crept in the partition deed, there cannot 2/4

be any impediment for the Sub Registrar to register the same in accordance with law. Accordingly, this writ petition is ordered and the second respondent is directed to register the rectification deed submitted by the petitioner as per law. No costs.

17.10.2024 NCC:yes/no Index:yes/no Internet:yes/no ta To 1.The District Registrar, District Registrar Office, Registration Department, Cantonment, Trichirappalli.

2.The Sub Registrar, Sub Registrar Office, Srirangam, Tiruchirappalli.

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N.SATHISH KUMAR, J.

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