G.Thirugnanam v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.3763 of 2022 G.Thirugnanam ... Petitioner Vs.

1. The Inspector General of Registration, Santhome High Road, Mylapore, Chennai-4.

2. The Joint Sub-Registrar-II, Sub-Registrar Office, Dharmapuri.

3. The Inspector of Police, B-1, Dharmapuri Town Police Station, Dharmapuri.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to register the Settlement Deed dated 03.02.2022 RFL/2 Joint Sub-Registrar Dharmapuri/15/2022 dated 03.02.2022 and return the same to the petitioner.

For petitioner : Mr.M.Selvam For Respondents : Mr.Yogesh kannadasan Special Government Pleader

ORDER

The petitioner has filed this petition to direct the second respondent to register the Settlement Deed dated 03.02.2022 RFL/2, Joint Sub-Registrar, Dharmapuri/15/2022 dated 03.02.2022 and return the same to the petitioner.

2. Mr.Yogesh Kannadasan, learned Special Government Pleader takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner is the owner of the property comprised in Survey No.29/2, Re-Survey No.29/2I in Patta No.1202 to an extent of 2013.3/4 Sq.ft in Pappinaickanhalli Village, Dharmapuri Taluk, Dharmapuri vide document No.1506/2003 in Joint Sub-Registrar-II, Dharmapuri. Meanwhile, the petitioner lost his original documents related to the above said property, for which he made a complaint to the third respondent on 07.12.2021. Further, he was issued with a copy of the parent document and decided to settle the property in favour of his wife, for which he executed a Settlement Deed dated 03.02.2022 and the same was presented before the second respondent. However, the same was refused to be registered by the second respondent on the premise that original document was not produced. Hence the present Writ Petition has been filed by the petitioner for the above relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the second respondents to register the petitioner's Settlement deed within the time frame that may be fixed by this Court.

5. The learned Government Advocate appearing for the respondents submits that the petitioner's document will be considered by the second respondent within the time frame that may be fixed by this Court, if he produce a copy of the parent document.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the second respondent to entertain the document presented by the petitioner and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order and the petitioner is directed to produce a copy of the parent document at the time of executing Settlement deed.

7. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar tri/nhs

To

1. The Inspector General of Registration, Santhome High Road, Mylapore, Chennai-4.

2. The Joint Sub-Registrara-II, Sub-Registrar Office, Dharmapuri.

3. The Inspector of Police, B-1, Dharmapuri Town Police Station, Dharmapuri.

+1cc to Mr.M.Selvam, Advocate, S.R.No.12393 +1cc to the Government Pleader, S.R.No.13039 W.P.No.3763 of 2022 RR[co] NSK 17/03/2022