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A.Prabavathi Vs the Sub Registrar — Writ and Judicial Review | Madras HC (2025)

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Madras HC
2025
A.Prabavathi Vs the Sub RegistrarA.Prabavathi v. the Sub Registrar

Disposed¶26

A.Prabavathi v. the Sub Registrar

Madras HC25 Mar 2025WP/10464/2025

Case brief

AI extract

What is this about?

W.P.No.10464 of 2025, High Court of Judicature at Madras, decided 25.03.2025 by Justice N. Anand Venkatesh. Petitioners A.Prabavathi, Kanagarajan and Kalaiselvi versus The Sub Registrar SRO Office Omalur (Omalur Taluk, Salem District) and K.Mahendran. Article 226 mandamus to register settlement deed dated 04.01.2025 executed in favour of third petitioner, presented 06.01.2025 in P/Omalur/4/2025; deed covered properties in two Sub Registrar jurisdictions; SRO Tharamangalam report dated 03.02.2025 and further clarification; direction to register within one week if otherwise in order; petition disposed of, no costs. Advocates: V.Elangovan for petitioners; U.Baranidharan, Special Government Pleader, for R1.

What did the court decide?

Direction to the first respondent to register the settlement deed dated 04.01.2025, if otherwise in order, within one week from receipt of a copy of the order; writ petition disposed of with no costs.

Why is it important?

The Court directed the first respondent to register the settlement deed dated 04.01.2025, if it is otherwise in order, within a period of one week from the date of receipt of a copy of the order. ¶25

What the court decided

AI extract

Outcome

Direction to the first respondent to register the settlement deed dated 04.01.2025, if otherwise in order, within one week from receipt of a copy of the order; writ petition disposed of with no costs.

Issue for consideration

Whether a writ of mandamus can be issued directing the first respondent (Sub Registrar, Omalur) to register the settlement deed dated 04.01.2025 executed in favour of the third petitioner.

Court's answer

The Court directed the first respondent to register the settlement deed dated 04.01.2025, if it is otherwise in order, within a period of one week from the date of receipt of a copy of the order.

Detailed headnote1 paragraphs

Madras High Court (N. Anand Venkatesh, J.), by order dated 25.03.2025, disposed of W.P.No.10464 of 2025, a writ petition under Article 226 of the Constitution of India filed by A.Prabavathi, Kanagarajan and Kalaiselvi seeking a mandamus to the Sub Registrar, SRO Omalur (Omalur Taluk, Salem District) to register a settlement deed dated 04.01.2025 executed in favour of the third petitioner and presented on 06.01.2025 in P/Omalur/4/2025. Registration was pending because the deed covered properties falling within the jurisdiction of two different Sub Registrar Offices; the first respondent had sought clarifications from the SRO, Tharamangalam, which had submitted a report dated 03.02.2025, followed by a further clarification. Taking into account the submissions on either side, the Court directed the first respondent to register the settlement deed dated 04.01.2025, if otherwise in order, within one week from receipt of a copy of the order. No costs.

A

W.P.No.10464 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2025

CORAM

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH

W.P.No.10464 of 2025

1.A.Prabavathi 2.Kanagarajan 3.Kalaiselvi .... Petitioners

Vs

1.The Sub Registrar SRO Office Omalur, Omalur Taluk Salem District.

2.K.Mahendran ... Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the respondent to register the settlement deed dated 04.01.2025 executed in favour of the third petitioner by the petitioners 1 and 3, which is presented before the respondent n 06.01.2025 in P/Omalur/4/2025.

For Petitioner : Mr.V.Elangovan For Respondent : Mr.U.Baranidharan Special Government Pleader for R1

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W.P.No.10464 of 2025

ORDER

This writ petition has been filed for issue of Writ of Mandamus directing the first respondent to register the sale deed dated 04.01.2025 executed in favour of the third petitioner and to release the document.

When the matter was taken up for hearing today, the learned Special Government Pleader submitted that the settlement deed covered properties falls within the jurisdiction of two different Sub Registrar Office and a clarification has been sought for by the first respondent from the SRO, Tharamangalam. Once the report is received, the settlement deed presented for registration will be registered, if it is otherwise in order.

The learned counsel for the petitioner pointed out to the report dated 03.02.2025 that was submitted by the SRO, Tharamangalam to the first respondent.

The learned Special Government Pleader submitted that after receipt of

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W.P.No.10464 of 2025

the said report, a further clarification has been sought for by the first respondent from the SRO, Tharamangalam and on receipt of the same, the document will be dealt with.

Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court and also considering the submissions made on either side, there shall be a direction to the first respondent to register the settlement deed dated 04.01.2025, if it is otherwise in order, within a period of one week from the date of receipt of a copy of this order.

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

25.03.2025

Index : Yes/No Speaking Order/Non-Speaking Order Neutral citation : Yes/No ds

To: The Sub Registrar SRO Office, Omalur, Omalur Taluk

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W.P.No.10464 of 2025

Salem District.

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W.P.No.10464 of 2025

N. ANAND VENKATESH., J

ds

W.P.No.10464 of 2025

25.03.2025

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Issues for consideration

1 issue framed by the court

AI extract

1.
Whether a writ of mandamus can be issued directing the first respondent (Sub Registrar, Omalur) to register the settlement deed dated 04.01.2025 executed in favour of the third petitioner.¶11
The court held
The Court directed the first respondent to register the settlement deed dated 04.01.2025, if it is otherwise in order, within a period of one week from the date of receipt of a copy of the order.ratio¶25

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226¶11

Procedural history

How this case reached the court

AI extract

Prior proceeding
Settlement deed dated 04.01.2025 executed in favour of the third petitioner was presented before the respondent on 06.01.2025 in P/Omalur/4/2025.¶11
Prior proceeding
Writ petition filed for mandamus directing the first respondent to register the deed dated 04.01.2025 executed in favour of the third petitioner and to release the document; the body of the order refers to it as a 'sale deed' whereas the prayer refers to a 'settlement deed'.¶17
Prior proceeding
The settlement deed covered properties falling within the jurisdiction of two different Sub Registrar Offices; the first respondent sought a clarification from the SRO, Tharamangalam, stating that once the report is received the deed will be registered if otherwise in order.¶18
Prior proceeding
The petitioner's counsel pointed out a report dated 03.02.2025 submitted by the SRO, Tharamangalam to the first respondent.¶19
Prior proceeding
After receipt of the report dated 03.02.2025, the first respondent sought a further clarification from the SRO, Tharamangalam; on receipt of the same the document will be dealt with.¶24

Parties & counsel

AI extract

petitioner
A.Prabavathi¶7
V.Elangovan
petitioner
Kanagarajan¶7
V.Elangovan
petitioner
Kalaiselvi¶7
V.Elangovan
respondent
The Sub Registrar SRO Office Omalur, Omalur Taluk Salem District¶9
U.Baranidharan
respondent
K.Mahendran¶10

Coram

AI extract

N. ANAND VENKATESHauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 25 Mar 2025 · March
Registered: 20 Mar 2025
Case no.: WP/10464/2025
CNR: HCMA010538602025
Topic: Writ and Judicial Review
Bench: N. Anand Venkatesh
Disposal: DISPOSED OF
Case type: W.P.

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Cite this judgement

A.Prabavathi v. the Sub Registrar, WP/10464/2025 (MAD), decided on 25 March 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticle 226

View all statutes

Procedural history5

Settlement deed dated 04.01.2025 executed in favour of the third petitioner was presented before the respondent on 06.01.2025 in P/Omalur/4/2025.
Writ petition filed for mandamus directing the first respondent to register the deed dated 04.01.2025 executed in favour of the third petitioner and to release the document; the body of the order refers to it as a 'sale deed' whereas the prayer refers to a 'settlement deed'.

View full history

Bench / Coram

N. ANAND VENKATESH

Parties & counsel