Vasanthi vs The District Registrar
2023 Latest Caselaw 14201 Mad

                                                                      W.P.(MD)No.13924 of 2021

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 06.11.2023

                                                   CORAM

                          THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                         W.P.(MD)No.13924 of 2021



               Vasanthi                                                  ... Petitioner
                                                     Vs

               1.The District Registrar
                 District Register Office,
                 58/1, Cutchery Road,
                 Virudhunagar-626 001.

               2.The Joint-1 Sub-Registrar,
                 Sub-Register Office,
                 58/1, Cutchery Road,
                 Virudhunagar-626 001.                                 ... Respondents

               PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
               issuance of Writ of Mandamus, directing the 2nd respondent to rectify the 2 3/4
               feet as a own Pathway instead of 2 feet pathway mentioned as per the Court
               order in O.S.No.301/1966 on the file of the District Munsif Court, Sattur and
               registered in vide document No.1156/2019 and based on the petitioner’s
               representation dated 29.07.2021.


                                  For Petitioner     : Mr.A.Vadivel

                                  For R-1 & R-2      : Ms.D.Farjana Ghoushia,
                                                     Special Government Pleader
https://www.mhc.tn.gov.in/judis




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                                                                            W.P.(MD)No.13924 of 2021




                                                    ORDER

This Writ Petition has been filed for the issue of writ of mandamus

directing the second respondent to consider the representation made by the

petitioner on 29.07.2021, wherein, the petitioner is seeking for the rectification

of the document based on the Decree passed by the Civil Court in O.S.No.301

of 1966.

2. Heard the learned counsel appearing for the petitioner and the

learned Special Government Pleader appearing on behalf of the respondents.

3. The case of the petitioner is that the subject property was

purchased by her mother through a registered sale deed in the year 1966. A

civil suit came to be filed in O.S.No.301 of 1966 before the District Munsif

Court, Satttur and there was some compromise between the parties and this was

recorded and the suit was closed. As per this compromise, the mother of the

petitioner was given an equal share in the property. The mother had given her

share to her children. The brother of the petitioner settled his share in favour of

the petitioner through a settlement deed dated 22.04.2019 which was registered

as Document No.1156 of 2019. As per the order of the Civil Court, 2 ¾ Feet

was identified as a pathway given exclusively in favour of the family. This https://www.mhc.tn.gov.in/judis

correction was sought to be done by virtue of a rectification deed. When the

W.P.(MD)No.13924 of 2021

document was presented, the same was not acted upon and therefore, the present

writ petition was filed before this Court.

4. The learned Special Government Pleader appearing on behalf of

the respondents submitted that the petitioner can be directed to present the

rectification deed along with the Judgment and Decree passed by the Civil

Court and that the same will be acted upon by the second respondent.

5. In view of the above, if the rectification deed has not already

been registered, there shall be a direction to the petitioner to submit the

rectification deed before the second respondent along with the Judgment and

Decree passed by the Civil Court. On receipt of the same, the same shall be

acted upon and the document shall be considered for registration within a period

of four (4) weeks subject to complying with the other formalities.

6. This Writ Petition is disposed of with the above directions. No

costs.

06.11.2023

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W.P.(MD)No.13924 of 2021

N.ANAND VENKATESH, J.

tsg

To

1.The District Registrar District Register Office, 58/1, Cutchery Road, Virudhunagar-626 001.

2.The Joint-1 Sub-Registrar, Sub-Register Office, 58/1, Cutchery Road, Virudhunagar-626 001.

W.P.(MD)No.13924 of 2021

06.11.2023

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