N.Shanmugasundaram v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.03.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI N.Shanmugasundaram ... Petitioner Vs.
1.The Inspector General of Registration, Santhome High road, Chennai.
2.The Sub registrar Joint -2, Office of the Sub - Registrar, Tiruppur town and taluk.
3.The Executive Officer, A/m Vishweswarasamy and Veeraragavaperumal temple, Tiruppur.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Declaration declaring that all the documents pertaining to Old S.F.No.109, now assigned town survey number as T.S.No.7/1, 7/2, 7/3, Tiruppur are eligible for registration regardless of the objection by the second respondent.
For petitioner : Mr.Naveen Kumar Murthi for Mr.V.P.K.Gowtham For Respondents : Mr.Yogesh Kannadasan Special Government Pleader
ORDER
The petitioner has filed this petition to issue a Writ of Declaration, declaring that all the documents pertaining to Old S.F.No.109, now assigned town survey number as T.S.No.7/1, 7/2, 7/3, Tiruppur are eligible for registration regardless of the objection by the second respondent.
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 old Survey.No.109, New T.S.Nos.7/1, 7/2, 7/3, situated at Tiruppur. The petitioner acquired the title by way of civil proceedings passed by this Court. Even then, the registration department refused to register the documents relating to the above said property, for which challenging the same, the present writ petition has been filed by the petitioner.
4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the second respondent to consider the petitioner's representation within a time frame that may be fixed by this Court.
5. In view of the aforesaid submissions, this Court perused the prayer of the present writ petition, though the petitioner is the owner of the above said property and he succeeded to the property by way of Court proceedings, however, without presenting any documents before the Registration Department, praying for the above relief is not sustainable, and cannot be granted. However, liberty is granted to the petitioner to present documents before the concerned Registrar, and on the basis of that order, it is open to the petitioner to approach the competent Court for necessary relief.
6. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.
08.03.2022
Index : Yes / No Internet : Yes / No Speaking Order/Non-Speaking Order tri/anu To 1.The Inspector General of Registration, Santhome High road, Chennai.
2.The Sub registrar Joint -2, Office of the Sub - Registrar, Tiruppur town and taluk.
3.The Executive Officer, A/m Vishweswarasamy and Veeraragavaperumal temple, Tiruppur.
M.DHANDAPANI,J.
tri/anu 08.03.2022