W.P.No.12209 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.04.2025 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.12209 of 2025 Murugesan .. Petitioner Vs. 1.The District Registrar, Office of the District Registrar, Back side of Krishna theater, Venkatesapuram, Perambalur Taluk & District – 621 212. 2.The Sub Registrar No-1, Office of Registrar, Madarasa Road, Perambalur Taluk & District – 621 212. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pursuant to the order passed by the 2nd respondent RFL/1 on 28.01.2025 and quash the same and consequently to direct the respondents to allow the registration in favour of the petitioner with respect to the properties in Survey No.261/1C2, measuring 7 Ares, 50 square meters. For Petitioner : Mr.A.Arunkumar 1/6 https://www.mhc.tn.gov.in/judis W.P.No.12209 of 2025 For Respondents : Mr.U.Baranidharan Special Government Pleader O R D E R This writ petition has been filed challenging the impugned refusal check slip issued by the 2nd respondent dated 28.01.2025 and for a consequential direction to the 2nd respondent to register the sale deed that was executed by the petitioner and two others in favour of one Palanivel. 2.Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents. 3.The refusal check slip has been issued by the 2nd respondent on the ground that a joint patta has been issued by the Tahsildar in the names of totally 12 persons for the subject property measuring a total extent of 0.27.5 ares and that there is no document available to show that the property has been divided among the parties and that the petitioner and two others have dealt with the entire property. 4.On going through the materials placed before this Court, it is 2/6 https://www.mhc.tn.gov.in/judis W.P.No.12209 of 2025 seen that based on the application submitted by the petitioner seeking for issuance of patta in his name with respect to the property in Survey No.261/1C2, an enquiry was conducted by the Revenue Tahsildar, Perambalur. Through proceedings dated 12.03.2024, the Revenue Tahsildar came to a conclusion that with respect to Survey No.261/1C2, an extent of 0.27.5 ares belongs to (1) Muthaiya, (2) Thangarasu, (3) Chinnaswamy, (4) Murugesan and there is no indication to show that there was any partition between the parties and therefore, the Tahsildar has proceeded to issue a joint patta in the names of 12 persons which also includes the name of the petitioner found at Sl.No.12. 5.In the sale deed executed by the petitioner along with Chandrakumar and Saravanakumar in favour of one Palanivel, the schedule of property has been described as follows: “brhj;J tpguk; bguk;gY}u; khtl;lk;. bguk;gY}u; tl;lk;. bguk;gY}u; gjpt[ khtl;lk;. 1 vz; ,iz rhu;gjptfk; bguk;gY}u; rg;o (Kd;g[. mupaY}u; upo. bguk;gY}u; rg;o). bguk;gY}u; (tlf;F) fpuhkj;jpy;. m/g[/ru;nt vz;/395-1C Vf;/1/89?y;. Vf;/0/68?y;. 3/6 https://www.mhc.tn.gov.in/judis W.P.No.12209 of 2025 Vf;/0/26?y; bghJtpy; gpupglhj v';fsJ ghfk; Vf;/0/19?brz;Lf;F. jw;nghija a[/o/Mu; ru;nt vz;/261-1C2A bcwf;/0/20/0?Vu;!py; bghJtpy; gpupglhj v';fsJ ghfk; bcwf;/0/07/50?Vu;!; epyk; kl;Lk;/ iv& epyj;jpd; gl;lh vz;/11331?MFk;/ iv& epyj;jpd; kjpg;g[ U:gha;/2.10.000-? iv& epyj;jpw;Fz;lhd rfy khK:y; ghij ghj;jpa';fs; cs;glt[k;/” 6.There has been no partition between the parties and only a joint patta has been issued in the names of 12 persons. Therefore, while describing the property which is sought to be sold, the vendors must specifically state their share in the property which remains undivided and sell only that undivided share in favour of the purchaser. If the description of the property is properly done in this regard and the necessary recital is also added in the sale deed, the same shall be entertained and registered by the 2nd respondent, if it is otherwise in order. 7.In the result, this Writ Petition is disposed of with the above directions. No costs. 4/6 https://www.mhc.tn.gov.in/judis W.P.No.12209 of 2025 23.04.2025 krk Index : Yes / No Internet : Yes / No Neutral Citation : Yes / No To 1.The District Registrar, Office of the District Registrar, Back side of Krishna theater, Venkatesapuram, Perambalur Taluk & District – 621 212. 2.The Sub Registrar No-1, Office of Registrar, Madarasa Road, Perambalur Taluk & District – 621 212. N.ANAND VENKATESH, J. krk 5/6 https://www.mhc.tn.gov.in/judis W.P.No.12209 of 2025 W.P.No.12209 of 2025 23.04.2025 6/6 https://www.mhc.tn.gov.in/judis