A.Meera Bai, v. Inspector General Of Registration,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 2121 of 2020 and W.M.P. No. 2482 of 2020 A.Meera Bai ... Petitioner Vs.

1. Inspector General of Registration 100, Santhome High Road Santhome, Chennai - 600 028.

2. The District Registrar (Admin), South Chennai Tamilnadu Registration Department Electronics Complex Guindy Industrial Estate Guindy, Chennai - 600 032.

3. The Sub Registrar Ashok Nagar Chennai - 600 083.

... Respondents Petition filed under Article 226 of the Constitution of India, for issue of Writ of Certiorarified Mandamus, to call for the check slip issued by Sub Registrar, Ashok Nagar, the Third Respondent herein, vide his proceeding bearing No.RFL/Ashok Nagar/110/2019 dated 24.12.2019 and quash the same as illegal and further direct the Third Respondent to register and release the Settlement deed dated 29.11.2019 executed by the Petitioner in favour of her daughter namely, S.Padmini in relation to her undivided 1/5th share in the immovable property situated at Door No.25/14, Plot No.13-A and 13-B Mahadevan Street, West Mambalam, Chennai - 600 033, comprised in Old Survey Nos. 156 and 157/1 (part), Town Survey No.50, Block No.45 of Kodambakkam Village, Mambalam Taluk, Chennai District measuring an extent of 4760 square feet of the land and together with building constructed thereon in Ground and First Floor.

For Petitioner :

Mr. T.Vasu For Respondents:

Mr. T.M.Pappiah Special Government Pleader

O R D E R

The Petitioner is aggrieved by the refusal of the Respondents to register the documents presented by her for registration in respect of the property, which forms the subject https://hcservices.ecourts.gov.in/hcservices/

matter of pending suit in C.S. No. 216 of 2019 on the file of the Original Side of this Court, in which she is the First Plaintiff.

2.

When it is pointed out that the Petitioner can file application in that suit to implead the concerned Registering Authority and seek permission to transfer or deal with her share in the property by disclosing the nature of proposed transaction with details of the transferees so that appropriate orders in that regard could be passed on such application, and the registration of any document could be made by following the procedure prescribed in Section 52 of the Transfer of Property Act, 1882, instead of prosecuting this Writ Petition for such purpose, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the same and he has made an endorsement to that effect, which is recorded. 3.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, connected Writ Miscellaneous Petition is closed. No Costs.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar maya To

1. Inspector General of Registration 100, Santhome High Road Santhome, Chennai - 600 028.

2. The District Registrar (Admin), South Chennai Tamilnadu Registration Department Electronics Complex Guindy Industrial Estate Guindy, Chennai - 600 032.

3. The Sub Registrar Ashok Nagar Chennai - 600 083.

+1cc to the Government Pleader, S.R.No. 7687 W.P. No. 2121 of 2020 GJ(CO) GN(28/02/2020) https://hcservices.ecourts.gov.in/hcservices/