Madras High CourtWP/12289/2012disposed of

Smt.V.Chandra, v. District Registrar,

2018-11-13Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.11.2018

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.No.12289 of 2012 Smt.V. Chandra ..

Petitioner

Versus

1. The District Registrar North Chennai Rajaji Salai Chennai.

2. The Sub Registrar Office of Sub Registrar Sembium Chennai.

Respondents PRAYER:Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, to directing the 2nd respondent to register the engrossed Settlement Deed dated 30.12.2011 executed by the petitioner pursuant to the letter No.758/A1/2012 dated 25.01.2012 issued by the first respondent.

For Petitioner :: V.V.Sathya For RR 2 & 3 :: Mr.P.P.Purushothaman

ORDER

The Writ Petitioner Smt.V. Chandra had executed a settlement deed on 30.12.2011 with respect to the property measuring 1800 sq.ft. in plot No.9A, Raja Garden, Paper Mills Road, which is part of the larger extent of 3958 sq.ft in favour of her younger sister S.Vasantha. When the document was presented for registration before the second respondent, namely, the Sub Registrar, Sembium, Chennai - 600 011, the said Sub Registrar had simply returned the document stating that registration cannot be effected since a civil case is pending.

2.The petitioner stated that the property originally belonged to her mother Tmt.Dhanalakshmi and she had inturn executed a settlement deed dated 12.08.2011, which was https://hcservices.ecourts.gov.in/hcservices/

registered as document No.3670 of 2011 in the very same of Sub Registrar Office at Sembium. However, when four months later, another deed was presented with respect to the same property, the second respondent, without giving anything in writing, had refused to register the settlement deed.

3. Heard the learned Government Advocate also.

4. The writ petitioner can represent the settlement deed for registration before the competent authority, namely, Sub Registrar, Sembium. If any additional stamp duty is payable, the petitioner is to pay the same. The second respondent is to register the document and if there are any impediment in registering the documents, the second respondent is to inform the petitioner in writing about the same.

5. With these observations, the Writ Petition is disposed of. No costs.

6. The petitioner is to represent the settlement deed before the Sub Registrar, Sembium, within a period of three weeks from today and the second respondent is to either register the same or to pass an orders in writing within a period of one week from that date.

Sd/- Assistant Registrar(CS vii) //True Copy// Sub Assistant Registrar smv/vsg To

1. The District Registrar North Chennai Rajaji Salai Chennai.

2. The Sub Registrar Office of Sub Registrar Sembium Chennai.

+1cc to Mr.M.V.Venaktashan , Advocate SR.No. 77261 +1 CC TO GOVERNMENT PLEADER SR.NO. 77713 W.P.No.12289 of 2012 ASK(14/11/2018) https://hcservices.ecourts.gov.in/hcservices/