Madras High CourtWP/210/2024disposed of

Latha Prabhakar v. The Inspector General Of Registration,

2024-02-09Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Latha Prabhakar ... Petitioner Vs.

1 The Inspector General of Registration, No.100 Santhome High Road, Chennai-600 028 2 The District Registrar (Administration), No.10 Kanchipuram High Road Chengalpattu Bazaar, Chengalpattu-603 002 (Opp. St. Joseph school, Near Sub-Jail) 3 The Sub-Registrar Joint-II Chengalpattu, No.10 Kanchipuram High Road, Chengalpattu Bazaar, Chengalpattu-603 002 (Opp. St. Joseph school, Near Sub-Jail) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to register and release the Partition Deed dt.29.04.2023 vide P.No.121 of 2023.

For Petitioner : Mr.K.Premkumar For Respondents : Mr.R.Neethidurai Government Advocate

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the third respondent to register and release the Partition Deed dated 29.04.2023 vide P.No.121 of 2023.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

3. The learned Government Advocate appearing for the respondents filed the counter stating that the settlement is made between the members of the same family. The second respondent instructed the third respondent to assess the value of the buildings dealt in the partition deed and to conduct building inspection in respect of the property and to send the building valuation report. On receipt of the said building valuation report, revised proposal will be sent to the second respondent towards

collection of deficit stamp duty.

4. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the respondents to consider the petitioner's representation if the documents presented for registration are otherwise in order, and after issuing notice to the petitioner and all the interested parties and conduct enquiry in the manner known to law and pass orders on merits and in accordance with law. The abovesaid exercise shall be completed within a period of three months from the date of receipt of copy of this order.

5. With the abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

09.02.2024 mfa Index:Yes/No

Speaking Order: Yes/No To 1 The Inspector General of Registration, No.100 Santhome High Road, Chennai-600 028 2 The District Registrar (Administration), No.10 Kanchipuram High Road Chengalpattu Bazaar, Chengalpattu-603 002 (Opp. St. Joseph school, Near Sub-Jail) 3 The Sub-Registrar Joint-II Chengalpattu, No.10 Kanchipuram High Road, Chengalpattu-603 002 (Opp. St. Joseph school, Near Sub-Jail)

P.VELMURUGAN, J.

mfa 09.02.2024