Muthukaruppan v. The District Registrar (Admin)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 10/09/2024

CORAM

The Hon`ble Mr.Justice N.SATHISH KUMAR Muthukaruppan ... Petitioner Vs

1. The District Registrar (Admin), Registration Department, Virudhunagar District, Virudhunagar.

2. The Sub Registrar, Sub Registrar Office, Tiruchuli, Virudhunagar District..

... 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 register the document to be presented for registration pertaining to the property comprised in Survey Nos.32/12B and 41/10A, situated at Puliyuran Revenue Village, Aruppukottai Taluk, Virudhunagar District based on the petitioners representation dated 21.07.2023 to the 1st respondent.

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For Petitioner : Mr.R.Murugan, For Respondents : Mr.P.Subbaraj Special Government Pleader

ORDER

The writ petition has been filed for a mandamus to direct the respondents to register the document to be presented for registration pertaining to the property comprised in Survey Nos.32/12B and 41/10A, situated at Puliyuran Revenue Village, Aruppukottai Taluk, Virudhunagar District based on the petitioners representation dated 21.07.2023 to the 1st respondent.

2. It is the case of the petitioner that the partition deed has been registered in the year 2022 in Doc. No.2870/2022 by including two S.Nos.32/12B and 41/10A. However, the 2nd respondent insisted to remove the survey number and on their instructions, the petitioner presented the revised partition deed and the same has been registered. According to the petitioner, those survey numbers also pertain to their family properties. Therefore, a direction may be given to the 2nd respondent to receive the document presented by the petitioner. 2/4

3. I have considered the rival submissions and perused the materials available on record.

4. At the outset, this Court is of the view that the writ petition itself is misconceived. However, if the petitioner is the absolute owner of the property, it is for them to execute any document and present them before the 2nd respondent. On such presentation, it is for the authorities to register the same as per law, if it is otherwise in order.

5. The writ petition is disposed of with the above direction. No costs.

10.09.2024 RR TO

1. The District Registrar (Admin), Registration Department, Virudhunagar District, Virudhunagar..

2. The Sub Registrar, Sub Registrar Office, Tiruchuli, Virudhunagar District..

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N.SATHISH KUMAR,J RR

ORDER

IN WP(MD) No.27909 of 2023 Date : 10/09/2024 4/4