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Madras High CourtWP/5685/2021disposed of

P.Narayanan v. The Inspector General Of Registration

2021-03-09Honourable Mr Justice N. Seshasayee3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2021 CORAM: JUSTICE N.SESHASAYEE W.P.No.5685 of 2021 P.Narayanan

...Petitioner

-Vs1.The Inspector General of Registration, No.100, Santhome High Road, Pattinapakkam, Chennai 600 028.

2.The District Registrar (Administration), South Chennai, No.9, Jones Road, Saidapet, Chennai 600 015.

3.The Sub Registrar, Alandur, Having office at No.12, 1st Main Road, Nanganallur Co operative Society Ltd., Nanganallur, Chennai 600 006.

4.P.Avoodaiammai

...Respondents

Prayer:

Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to give suitable instructions to the Sub Registrar, Alandur to register the judgment and decree passed by the Hon'ble Principal District Munsif Court, Alandur in O.S.No.45 of 2016, dated 05.03.2018 and the order dated 03.09.2020 passed by this Court in C.R.P.(NPD) No.131 of 2018 and declare the subsequent cancellation of power of attorney document No.2869/2018 and subsequent settlement document registered in favour of P.Kalavathi treated as null and void on the basis of the petitioner's representation dated 29.12.2020 within a stipulated time.

For Petitioner : Mr.M.Gnanasekar For Respondents : Mr.T.M.Pappiah, SGP for RR1 to 3

ORDER

This Writ Petition is filed for a writ of Mandamus, to direct the first respondent to give suitable instructions to the Sub Registrar, Alandur to register the judgment and decree passed by the Hon'ble Principal District Munsif Court, Alandur in O.S.No.45 of 2016, dated 05.03.2018 and the order dated 03.09.2020 passed by this Court in C.R.P.(NPD) No.131 of 2018 and declare the subsequent cancellation of power of attorney document No.2869/2018 and subsequent settlement document registered in favour of P.Kalavathi treated as null and void on the basis of the petitioner's representation dated 29.12.2020 within a stipulated time.

2. Even though the petitioner over ambitiously has sought multiple relief in this writ petition, is only entitled to have the decree passed in O.S.No.45 of 2016, dated 05.03.2018, registered in terms of Section 17(2) of the Registration Act.

3. The Sub Registrar concerned is now required to register the said decree. There is no knowing whether the petitioner has actually approached the Sub Registrar and the very litigation appears to be very peculating. However, irrespective of getting into the same, this Court now directs the petitioner to present the decree before the Sub Registrar/third respondent for registering it. As and when the same is done, the Sub Registrar is required to register the same.

4. Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar gsk To 1.The District Munisf Court, Alandur.

2.The Inspector General of Registration, No.100, Santhome High Road, Pattinapakkam, Chennai 600 028.

3.The District Registrar (Administration), South Chennai, No.9, Jones Road, Saidapet, Chennai 600 015.

4.The Sub Registrar, Alandur, Having office at No.12, 1st Main Road, Nanganallur Co operative Society Ltd., Nanganallur, Chennai 600 006.

+2cc to M/s.M.Gnanasekar, Advocate SR.14967 +1cc to the Government Pleader SR.15431 W.P.No.5685 of 2021 PL(CO) CB(31/03/2021)