Lalitha Dhanraj v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Lalitha Dhanraj Rep. by Power Agent Datchnamoorthy ..

Petitioner vs

1. The Inspector General of Registration No.100, Santhome High Road Pattinampakkam Raja Annamalai Puram Chennai - 600 028.

2. Deputy Inspector General of Registration Integrated building for Offices of the Commercial taxes and Registration Department Fanepet, Nandanam Chennai - 600 035.

3. The District Registrar Integrated building for Offices of the Commercial taxes and Registration Department Fanepet, Nandanam Chennai - 600 035.

4. The Sub Registrar Registrar Office, Gudvancherry 21, Grand Southern Trunk Road Jaibeemnagar Guduvancheri - 603 202.

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5. Palaniappan

6. Mohammed Akthar Ali ..

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the fourth respondent to release the pending document No.P46 of 2023 on the file of fourth respondent by assigning regular document number.

For Petitioner :

Mr.V.Sundarraman for Mr.Tamilvannan For Respondents :

Mr.Yogesh Kannadasan Special Government Pleader for respondents 1 to 4 Notice dispensed with for respondents 5 & 6

ORDER

The prayer sought for herein is seeking Writ of Mandamus, directing the fourth respondent to release the pending document No.P46 of 2023 on the file of fourth respondent by assigning regular document number.

2. The petitioner presented a sale agreement document for registration to the fourth respondent / Sub-Registrar office, which have not been registered and had been kept as pending document No.P46 of 2023. Therefore, in order to release the said document, the petitioner has moved the present writ petition. 2/6

3. Heard Mr.V.Sundarraman learned counsel appearing for the petitioner, who would submit that, at the time of registration, it seems, some protest petition has come from the private respondents and subsequently, had been rectified. Therefore, the pending document can very well be released by the fourth respondent as there is no further impediment, as of now, for the fourth respondent to release the document. Hence, the learned counsel appearing for the petitioner seeks indulgence of this Court.

4. Heard Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the official respondents, who would submit that, the plea raised by the petitioner would be considered and if the document is capable of being released, the same would be released, otherwise, suitable orders would be passed by the fourth respondent within a time frame.

5. In view of the order going to be passed in this writ petition, notice to the private respondents is hereby dispensed with.

6. Taking into consideration the said submissions made by the learned Special Government Pleader appearing for the official respondents, this Court is 3/6

inclined to pass the following directions to the fourth respondents, who shall take up the plea raised by the petitioner to release the pending document, referred to above and in this regard, after ascertaining as to whether any objection is still there from the fifth and sixth respondents, and after verifying the same and if the document, is otherwise in order and capable of being released, then, can be released, otherwise, orders can be passed by the fourth respondent thereon within a period of four weeks from the date of receipt of a copy of this order.

7. With these directions, the writ petition is disposed of. There will be no order as to costs.

Index: Yes/No 24.02.2023 drm To 4/6

1. The Inspector General of Registration No.100, Santhome High Road Pattinampakkam Raja Annamalai Puram Chennai - 600 028.

2. Deputy Inspector General of Registration Integrated building for Offices of the Commercial taxes and Registration Department Fanepet, Nandanam Chennai - 600 035.

3. The District Registrar Integrated building for Offices of the Commercial taxes and Registration Department Fanepet, Nandanam Chennai - 600 035.

4. The Sub Registrar Registrar Office, Gudvancherry 21, Grand Southern Trunk Road Jaibeemnagar Guduvancheri - 603 202.

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R. SURESH KUMAR, J.

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