Madras High CourtWP/1029/2019disposed of

V.Shiva v. The Inspector General Of Registration

2019-01-11Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.01.2019

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P. NO.1029 of 2019 V.Shiva .. Petitioner Vs.

1.The Inspector General of Registration, No.100,Santhome High Road, Mylapore, Chennai-600 028.

2.The District Registrar Administration, Central Chennai, No.182, Bharathi Salai, Royapettah, Chennai-600 014.

3.The Sub-Registrar, Office of Mylapore Sub-Registrar, New No.100, Old NO.128, Santhome High Road, Santhome, Chennai-600 028. .. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the second respondent to pass an order on an appeal filed by the petitioner dated 18.06.2018 which is pending before the second respondent against the rejection of Settlement Deed dated 20.04.2018 by the third respondent herein.

For Petitioner : Mr.N.Kumar Rajan For Respondents: Mr.T.M.Pappiah Special Government Pleader

O R D E R

By consent of the learned counsel on either side, this Writ Petition is taken up for final disposal, at the admission stage itself. Mr.T.M.Pappiah, the learned Special Government Pleader takes notice for the Respondents.

2.The petitioner has come up with this Writ Petition seeking a direction to the second respondent to pass an order on an appeal filed by the petitioner dated 18.06.2018 as against the rejection of settlement deed dated 20.04.2018 by the third respondent.

3. According to the learned counsel for the petitioner, the petitioner made an application before the third respondent seeking to register a settlement deed in favour of his grandmother. But,the third respondent refused to register the same on the ground that it is not a family settlement. Aggrieved against the refusel order dated 25.05.2018, the petitioner filed an appeal before the second respondent and the same is pending as on date. Hence left with no other option,the petitioner came forward to file this writ petition seeking for the aforesaid relief.

4. Heard Mr.T.M.Pappiah, learned Special Government Pleader who accepts notice on behalf of the respondents.

5. Considering the facts and circumstances of the case and having regard to the submissions made, without going into the merits of the case, this Court directs the second respondent to pass orders on the appeal filed by the petitioner dated 18.06.2018, on merits and in accordance with law, after issuing notice to the petitioner and also affording due opportunity of hearing to him as well as any of the interested parties, within a period of four weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar arr/mpa To 1.The Inspector General of Registration, No.100,Santhome High Road, Mylapore, Chennai-600 028.

2.The District Registrar Administration, Central Chennai, No.182, Bharathi Salai, Royapettah, Chennai-600 014.

3.The Sub-Registrar, Office of Mylapore Sub-Registrar, New No.100, Old NO.128, Santhome High Road, Santhome, Chennai-600 028.

+1cc to Mr.N.Kumar Rajan, Advocate, S.R.No. 3078 +1cc to the Government Pleader, S.R.No. 4025 W.P. NO.1029 of 2019 AD(CO) GN(04/02/2019)