Madras High CourtWP/4604/2022disposed of

T.Rajendran v. The Inspector General Of Registration

2022-03-02Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.4604 of 2022 T.Rajendran ... Petitioner Vs.

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

2.The District Registrar, District Registration Department, No.9, W Jones Road, Saidapet, Chennai - 600 015.

3.The Sub Registrar, Sub Registrar Office, No.2/92, SH 49, Karura Garden, Neelangarai, Chennai - 600 041.

... Respondents PRAYER: The Writ Petition filed under Section 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the 3rd respondent to consider the petitioner's representation dated 21.12.2021 and kindly register the settlement deed in the Old Survey No.150A/1A1, New survey No.150A/1A1B of land admeasurement about 5268 sq.ft. and another land comprised in Old Survey No.145/3, New survey No.145/3B of land admeasurement about 39.5 cents of 1723.5 sq.ft. and to register the said documents in favour of his sons' namely R.Kirubakaran and R.Yuvaraj and my properties are situated at Chennai District, in Sholinganallur Taluk, Karappakam Village.

For Petitioner : Mr.J.Arul Prakasam For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

The petition has been filed for issuance of writ of Mandamus directing the 3rd respondent to consider the petitioner's representation dated 21.12.2021 and kindly register the settlement deed in the Old Survey No.150A/1A1, New survey No.150A/1A1B of land admeasurement about 5268 sq.ft. and another land comprised in Old Survey No.145/3, New survey No.145/3B of land admeasurement about 39.5 cents of 1723.5 sq.ft. and to register the said documents in favour of his sons' namely R.Kirubakaran and R.Yuvaraj and my properties are situated at Chennai District, in Sholinganallur Taluk, Karappakam Village.

2. The case of the petitioner is that the petitioner owns ancestral property in the Old Survey No.150A/1A1, New survey No.150A/1A1B of land admeasurement about 5268 sq.ft. and another land comprised in Old Survey No.145/3, New survey No.145/3B of land admeasurement about 39.5 cents of 1723.5 sq.ft. situated at Chennai District, in Sholinganallur Taluk, Karappakam Village. The petitioner has decided to execute a Settlement Deed in favour of his sons and placed it before the Sub Registrar Office, Neelangarai for registration on 31.10.2018, but the same simply rejected by the Sub Registrar without any reasons. Hence, the petitioner made several representation in person before the Sub Registrar, Neelangarai to register his property in favour of his sons and finally made representation on 21.12.2021 to the respondents 1 to 3, however till date, no action was taken. Hence the petitioner is constrained to approach this Court by filing this petition.

3. The learned counsel appearing for the petitioner submitted that it would suffice if this issues direction to the 3rd respondent to entertain the documents and pass appropriate orders in accordance with law.

4. The learned Special Government Pleader appearing for the official respondents has no objection for the said order being passed.

5. Considering the limited prayer sought for by the petitioner, this Court without going into the merits of the case, issues direction to the 3rd respondent to consider the petitioner's document viz., Settlement Deed, if otherwise in order and on satisfaction of title, shall entertain the same for registration and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order.

6. This Writ Petition is disposed of with the above observations. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar sk To 1.The Inspector General of Registration, The Registration Department Office, No.100, Santhome High Road, Pattinapakkam, Chennai - 600 028.

2.The District Registrar, District Registration Department, No.9, W Jones Road, Saidapet, Chennai - 600 015.

3.The Sub Registrar, Sub Registrar Office, No.2/92, SH 49, Karura Garden, Neelangarai, Chennai - 600 041.

+1cc to M/s.J.Arul Prakasam, Advocate, S.R.No.14026 +1cc to the Government Pleader, S.R.No.14637 W.P.No.4604 of 2022 SJ(CO) SB(22/03/2022)