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Abdul Kalam Aasath vs The District Registrar

Madras High Court|20 November, 2017

JUDGMENT / ORDER

This writ petition has been filed, seeking to direct the respondents to register the partition deed in temporary document number in P201200009 on the file of 2nd respondent and release the same.
2.Heard both sides.
3.By consent, the writ petition is taken up for final disposal at the stage of admission itself.
4.The learned counsel for the petitioner would submit that the property in old Survey No.32/4, New Survey No.32/4A, 32/4B, 32/4C, 32/4D is his ancestral property. Due to the demise of his ancestors, their legal heirs including the petitioner executed a partition deed dated 20.03.2012 and presented the same before the second respondent for registration. Though the second respondent provided a temporary document number, citing the pendency of the suit, he has not registered the partition deed. Hence, the petitioner on 11.03.2017 sent a representation to the respondents. Since no action has been taken on the representation, the petitioner is before this Court.
5.It is the specific case of the petitioner that though the suit is pending, no prohibitory order is passed by the civil Court. Hence, there is no impediment for the second respondent to register the deed. Whereas the learned Additional Government Pleader appearing for the respondents would submit that appropriate action would be taken in this regard.
6. Under such circumstances, this Court, without going into the merits of the matters, directs the respondents to consider the petitioner's representation dated 11.03.2017 requesting to register the partition deed and take appropriate action considering the fact that there is no prohibitory order passed by any of the competent civil Courts. Such an exercise be completed within a period of six weeks from the date of receipt of a copy of this order.
7. With the above direction, the writ petition is disposed of. No costs.
To
1.The District Registrar, District Registrar Office, Pudhukottai District.
2.The Sub Registrar, Sub District Registrar Office, Pudhukottai District.
.
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Title

Abdul Kalam Aasath vs The District Registrar

Court

Madras High Court

JudgmentDate
20 November, 2017