T T GNANAMURUGAN Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) THIS petition was heard on 08. 04. 2009 and again posted on 24. 04. 2009 for certain clarifications and after hearing both sides this order is passed today, i. e. , on 28. 04. 2009.

(2.) THE petitioner has come forward with this Writ Petition seeking for the relief of calling for the records relating to the proceedings of the Inspector General of Registration, Santhome High Road, Chennai-600 028 made in Pa. Mu. No. 17473/e3/95 dated 14. 10. 1999 received on 8. 2. 2000 , the 1st respondent herein and the proceedings of the District Registrar, Tirupur made in no. 3271/83/94 dated 20. 1. 1995, the second respondent herein and quash the same.

(3.) THE case of the petitioner is that as per the compromise decree passed on 25. 4. 1970 in O. S. No. 272/1990 on the file of the Subordinate Judge, Coimbatore for partition and separate possession of the property comprised in Survey No. 376, ravanapuram Village, the petitioner and all other respective parties were in possession and absolute enjoyment of their shares. That being the position, the petitioner applied to the Tahsildar, Udumalpet to effect sub-division of the property to their respective possession on 12. 1. 1992 and necessary fees also paid. The Tahsildar, Udumalpet while effecting the sub-division committed mistakes and omissions in respect of the properties. It is further stated that the wrong inclusion of the survey numbers by the Revenue authorities will not confer any title upon other sharers, namely, the brother of the petitioner in respect to the said extent of lands and as such, the petitioner and his brother and his brother's son entered into a deed of confirmation dated 30. 5. 1994, wherein it was made clear that the other sharers namely, the brother of the petitioner and his brother's son have no objection for the petitioner to get a separate patta in respect of the portion under. his possession and enjoyment. The petitioner further states that by such confirmation, the petitioner's brother and his brother's son only confirmed the title interest and possession of the petitioner herein in an extent of 89 cents in survey No. 376/2 of Ravanapuram Village and by the said document they have also conveyed their no objection for transferring the patta wrongly given in their names.