Allowed

Saravanan v. The Sub Registrar

Madras HC6 Apr 2023WP/2411/2023

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging a refusal to register a Partition Deed. The court directed the petitioner to produce the original patta and parent deed within four weeks, after which the Registrar must register the document if in order.

What did the court decide?

Directed the petitioner to produce the patta and parent deed within four weeks; directed the Sub Registrar to register the Partition Deed upon receipt if in order.

Saravanan Vs The Sub Registrar — Property and Title | Madras HC (2023)

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W.P.No.2411 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06.04.2023

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CORAM:

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THE HONOURABLE MR. JUSTICE M.S. RAMESH

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W.P.No.2411 of 2023

Saravanan

...Petitioner

The Sub Registrar, Office of the Sub Registrar, Gudiyatham, Vellore District ...Respondent

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the respondent in Check Slip RFL/Kudiyatham/Book 2/2 dated 23.07.2022, thereby refusing to register the document and quash the same as illegal, incompetent and without jurisdiction and further direct the respondent to register and return the Partition Deed dated 01.06.2022 presented by the petitioner.

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For Petitioner : Mr.S.Arivazhagan

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For Respondents : Mr.Yogesh Kannadasan Special Government Pleader ORDER

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https://www.mhc.tn.gov.in/judis

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W.P.No.2411 of 2023

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When the petitioner had presented a Partition Deed before the respondent for the purpose of registration, the same was refused through impugned refusal slip dated 23.07.2022 stating that the petitioner had not produced the parent deed or patta in connection with the property in Survey No.257, Sub Division No.257/5D of Bharatharami Village.

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The respondent had also placed reliance on the Circular of Inspector of Registration dated 25.04.2012 to substantiate their claim.

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Learned counsel for the petitioner has produced copy of patta dated 29.04.1994 and also copy of Parent Deed dated 23.04.1980. Learned counsel for the petitioner submits that they are willing to produce both the patta as well as the parent deed before the Sub Registrar, if the petitioner is granted such liberty to enable him to produce these documents before the respondent herein.

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Accordingly, the petitioner is called upon to produce copies of

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https://www.mhc.tn.gov.in/judis

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W.P.No.2411 of 2023

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his patta dated 29.04.1994 as well as the parent deed dated 23.04.1980 together with the partition deed, which is said to be registered and on receipt of such documents, accompanying the partition deed, the respondent herein, shall forthwith register the said document, if it is otherwise in order, within a period of four weeks therefrom.

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The writ petition is ordered accordingly. No costs.

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06.04.2023

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Index:Yes/No Neutral Citation:Yes/No Speaking order/Non-speaking order sr To The Sub Registrar, Office of the Sub Registrar, Gudiyatham, Vellore District

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https://www.mhc.tn.gov.in/judis

W.P.No.2411 of 2023

M.S.RAMESH,J.

W.P.No.2411 of 2023

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06.04.2023

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https://www.mhc.tn.gov.in/judis

Saravanan v. The Sub Registrar

Case brief

What is this about?

What did the court decide?

Saravanan v. The Sub Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

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