Tmt.Dhanalakshmi v. The Inspector General Of Registraton
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.01.2025
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA Dhanalakshmi
...Petitioner
Vs 1.The Inspector General of Registration No.100, Santhome High Road, Mandavelipakkam, Raja Annamalaipuram, Chennai - 600 028.
2.The Deputy Inspector General of Registration, 1st Floor, Kamarajar Salai, Red Fields, Coimbatore - 18.
3.The District Registrar, O/o. The District Registrar, Coimbatore District.
4.The Sub Registrar, Pollachi Sub Registrar Office, Pollachi, Coimbatore District.
...Respondents
PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 27.12.2024 and thereby direct the 4th respondent to register and release the settlement deed in P.281/2024 on the file of the 4th respondent to the petitioner within a stipulated period of time.
1/5
For Petitioner : M/s.L.Chandrakumar for Mr.Perambur E Palani For Respondents : Mr.B.Vijay for R1 to R4 Additional Government Pleader
ORDER
Aggrieved by the fact that the fourth respondent has not registered the settlement deed which has been presented on 23.09.2024 and kept it as a pending document No.281/2024, the petitioner is before this Court. 2.The petitioner's grievance is that despite having submitted the settlement deed together with the requisite stamp duty and registration fees, the respondent has not come forward to register the said document. The petitioner has been visiting the fourth respondent on several occasions and has sent a representation on 27.12.2024, despite which the document has not been released. Petitioner's father had got the property under a partition decree in O.S.No.668 of 1987 dated 04.03.1988. The petitioner's father was in continuous possession of the same from the date of the partition. Revenue records and patta have all been mutated in his name. He, out of his love and affection for the petitioner had executed the settlement deed which is the subject matter of the present Writ Petition.
2/5
3.Heard the learned counsels on either sides and perused the records. The learned Additional Government Pleader takes notice on behalf of the respondents 1 to 4.
4.From a perusal of the documents it is clear that there is no impediment for the registration of the settlement deed. The registering authority is bound to register the documents presented before him and in case of a refusal the Sub Registrar, Pollachi, Coimbatore, shall make an order of refusal and record the reasons for doing so. The Registering Authority is bound to either register the document or in case he decides not to register the document under Section 71 of Registration Act, he has to give reasons for his refusal and return the documents. In the instant case neither has been done but the 4th respondent has kept the document pending. Therefore, the Writ Petition is allowed and the fourth respondent is directed to register and release the same within a period of one week from the date of its presentation or give reasons for his refusal to register the document in case of a refusal. 3/5
5.With the above directions, this Writ Petition is allowed. No costs.
30.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep To 1.The Inspector General of Registration No.100, Santhome High Road, Mandavelipakkam, Raja Annamalaipuram, Chennai - 600 028.
2.The Deputy Inspector General of Registration, 1st Floor, Kamarajar Salai, Red Fields, Coimbatore - 18.
3.The District Registrar, O/o. The District Registrar, Coimbatore District.
4.The Sub Registrar, Pollachi Sub Registrar Office, Pollachi, Coimbatore District.
4/5
P.T.ASHA , J, ep 30.01.2025 5/5