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D. Muthuvel v. The District Registrar (Admin)

Madras HC3 Mar 2025WP(MD)/4463/2025

Case brief

AI extract

What is this about?

Refusal/pendency of registration of a partition deed dated 02.12.2022 traced to a compromise decree in S.A.No. 195 of 1995 (decree dated 24.02.2020); mandamus sought under Article 226 against the Joint Sub Registrar, District Court Complex, Trichy; deed registered as Doc. No. 1089/2025 on 24.02.2025 during pendency; petition closed without directions, no costs. Keywords: writ of mandamus, registration of document, sub registrar, compromise decree, second appeal, partition, grievance redressed, Madras High Court Madurai Bench, W.P(MD)No.4463 of 2025, V.Lakshminarayanan J.

What did the court decide?

No substantive relief/direction issued; writ petition closed with no costs as the grievance (non-registration of the partition deed) was redressed by the second respondent registering the deed as Doc. No. 1089/2025 on 24.02.2025. ¶30

D. Muthuvel Vs The District Registrar (Admin) — Writ and Judicial Review | Madras HC (2025)

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W.P(MD)No.4463 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 03.03.2025

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CORAM

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THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

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Writ Petition(MD)No.4463 of 2025

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1.D.Muthuvel 2.D.Umadevi

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..Petitioners

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1.The District Registrar (Admin), (Assistant Inspector General of Registration Grade), District Registrar Office, Trichy.

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2.The Joint Sub Registrar, District Court Complex, Trichy. ..Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the 2^nd respondent to register the partition deed of the petitioners dated 02.12.2022 in connection with serial No.9 (D109) temporary No.TP/183716083/2024 on the file of 2nd respondent within a period of time stipulated by this Court.

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For Petitioner : Mr.P.Rajagopalan For Respondents : Mr.R.Sureshkumar Addl. Govt. Pleader

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

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W.P(MD)No.4463 of 2025

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ORDER

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The petitioner seeks issuance of a Writ of Mandamus to direct the second respondent to register the petitioners' partition deed dated 02.12.2022 in connection with serial No.9 (D109), temporary No.TP/183716083/2024 on the file of the second respondent.

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The petitioners claim that their father purchased a property by way of a registered sale deed dated 26.04.1964. On his death, his legal heirs succeeded to the estate. A suit for declaration and injunction came to be presented by certain persons claiming to be the owners of the property. The petitioners filed a suit in O.S.No.1324 of 1982 on the file of the Principal District Court, Trichirappalli, for the relief of the declaration and injunction against certain third parties. The suit came to be decreed. The first appeal preferred therefrom came to be allowed. Finally, the matter wound up before this Court in S.A.No. 195 of 1995. By virtue of the compromise entered into between the parties, the suit schedule properties were divided. A decree came to be passed by this Court on 24.02.2020. Based on the compromise deed, the petitioner entered into another partition deed on 02.12.2022, dividing the property into “A” and “B” schedules.

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

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W.P(MD)No.4463 of 2025

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The second respondent rejected the partition deed based on the order of this court dated 04.02.2020. Challenging the same, they filed an appeal before the first respondent and it was numbered as appeal No.109/2022. Having waited for about a year, they approached the Department of Administrative Reforms and Public Grievances, New Delhi by way of a representation dated 01.12.2023. Subsequently, they presented the partition deed before the second respondent. The same has been kept pending. Hence, they approached this Court by way of the present writ petition.

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When the matter was taken up for admission, Mr.R.Sureshkumar, learned Additional Government Pleader took notice on behalf of the respondents. I pointed out to him the basis of the partition deed was the compromise decree in S.A.No.195 of 1995. Hence, I requested him to verify with the respondents as to the reason why the document is not yet registered. He sought time, and the matter was adjourned.

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When the matter is taken up for hearing today, Mr.R.Sureshkumar brought to my notice that the partition deed has been registered as Doc. No. 1089/2025 on 24.02.2025. It has been so informed by the second respondent in his proceedings in Na.Ka.No.14732-4/Mh;/2025 dated 24.02.2025.

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

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W.P(MD)No.4463 of 2025

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