Sri Kamakoti Ghatikasaramam Trust v. The Sub Registrar Of Gooduvancheri

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN WP.No.4525 of 2021 Sri Kamakoti Ghatikasaramam Trust, Rep. by its Managing Trustee V.Ramasubramaniam, No.1, Salali Street, Kanchipuram 631 501

...Petitioner

Vs

1. The Sub Registrar of Gooduvancheri, Defense Colony Road, Nandhivaram, Guduvanchery 603 202

2. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai 600 005 (R2 suo motu impleaded vide court order dated 01.03.2021 in WP.No.4525 of 2021) ...Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to register the pending document Nos.4, 5 & 6 of 2021 on his file and release the same in accordance with law within a time frame as may be fixed by this Court.

For Petitioner : Mr.P.Raja For Respondents : Mr.Yogesh Kannadasan, Special Government Pleader

ORDER

This writ petition is filed to issue a Writ of Mandamus directing the first respondent to register the pending document Nos.4, 5 & 6 of 2021 on his file and release the same in accordance with law within a time frame as may be fixed by this Court.

2. The petitioner's land comprised in survey Nos.207/4, 208/1,2,3 to an extent of 4.07 acres situated at Kilambakkam Village, Vandalur Taluk, Chengalpet District originally belonged to M/s.Kasthuri Estates and the same were declared as surplus under the Tamilnadu Land Reforms (Fixation of Ceiling on Land) https://hcservices.ecourts.gov.in/hcservices/

Act, 1961. Thereafter, the said lands were allotted to the petitioner by Government order No.154 dated 04.04.2003 under Tamil Nadu Land Reforms (Disposal of Surplus Land) Rules, 1965 on payment of the land cost. Accordingly, the petitioner was issued patta by the proceedings dated 14.07.2004 in patta No.780. The petitioner Trust leased out the said property in favour of one, Sri Sankara Vidyalaya Matriculation Higher Secondary School for a period of thirty years and also executed lease deed dated 08.04.2008 registered vide document No.2788 of 2008. Thereafter, as requested by the Sri Sankara Educational Trust, the petitioner executed cancellation of lease deed, lease deeds in favour of Sri Sankara Educational Trust for running Sri Sankara Vidyalaya Matriculation Higher Secondary School and Sri Sankara Global Academy. on 12.01.2021.

All these documents were presented for registration and the same were kept pending for registration as pending document Nos.4, 5 & 6 of 2021 for the reason that "to scrutinise those documents need further time". While pending the writ petition, this Court impleaded the second respondent by suo motu.

3. Considering the above, the first respondent is directed to conduct enquiry and, after giving opportunity of hearing to the petitioner, pass orders to register the documents presented for registration which are kept pending as pending document Nos.4, 5 & 6 of 2021, within a period of four weeks from the date of receipt of copy of this order.

4. With the above direction, this writ petition is disposed of. No order as to costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar lok To

1. The Sub Registrar of Gooduvancheri, Defense Colony Road, Nandhivaram, Guduvanchery 603 202

2. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai 600 005 +1cc to M/s.P.Raja, Advocate, S.R.No.61656 +1cc to the Government Pleader, S.R.No.61930 WP.No.4525 of 2021 KSM(CO) RGA(10/12/2021) https://hcservices.ecourts.gov.in/hcservices/