E.Prakash v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.03.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.6074 of 2022 E.Prakash ... Petitioner Vs.
1. The District Collector, Tiruvallur District, Tiruvallur.
2. The Inspector General of Registration, Office of IG Registration, 100, Santhome High Road, Raja Annamalaipuram, Chennai - 600 028.
3. The Sub Registrar, Avadi - 600 055, Tiruvallur District.
... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second and third respondents to register the valid documents submitted by the petitioner in respect of land comprised in Old Survey Nos.507/7A, 8, 11, 12 (New Survey Nos.507/79, 507/80) and old Survey Nos.514/9B, 10, 11 (New Survey No.514/104 and 514/105), Morai Village, Avadi Taluk (Old Ambattur Taluk, Tiruvallore District to an extent of 1.44 acres covered by Registered General Power of Attorney Deed in Document No.2178 of 2021 dated 18.10.2021 based on the clearance granted as per the Report of first respondent in Na.Ka.No.6877/2021 No.1 dated 26.03.2021 forthwith.
For petitioner : Mr.G.Sankaran For Respondents : Mr.Yogesh Kannadasan Special Government Pleader
ORDER
The petitioner has filed this petition seeking direction to the the second and third respondents to register the valid documents submitted by the petitioner in respect of land comprised in Old Survey Nos.507/7A, 8, 11, 12 (New Survey Nos.507/79, 507/80) and old Survey Nos.514/9B, 10, 11 (New Survey No.514/104 and 514/105), Morai Village, Avadi Taluk (Old Ambattur Taluk, Tiruvallore District to an extent of 1.44 acres covered by Registered General Power of Attorney Deed in Document No.2178 of 2021 dated 18.10.2021 based on the clearance granted as per the Report of first respondent in Na.Ka.No.6877/2021 No.1 dated 26.03.2021 forthwith.
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 land in Survey Nos.507/79, 507/80, 514/104 and 514/105 measuring totally an extent of 1.34.10 Hec, situated at Morai Village, Avadi Taluk, Tiruvallur District belongs to R.Thillainathan. Originally, the said property belongs to K.S.Ramasamy. He purchased the property through four registered Sale Deeds in the year 2002. Thereafter, the said K.S.Ramasamy, settled the property in favour of his wife R.Saratha, thereafter, she executed a Settlement Deed in favour of her son R.Thillainathan. Thereafter, the said R.Thillainathan executed a registered Power of Attorney dated 18.10.2021, bearing Document No.2178 of 2021 on the file of Joint-II SRO, Gobichettipalayam, appointing the petitioner as Power Agent to deal with the property. However, the petitioner was not considered by the third respondent.
Since the third respondent was not registered the document, for which the petitioner approached the District Collector for issuance of 'No Objection Certificate', in which Tahsildar had conducted the enquiry and recommended the same to the District Collector and the District Collector had passed orders on 26.03.2021, and addressed to the second respondent to entertain the document and pass appropriate orders. However, till date no action has been taken by the second respondent. 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 may issue direction to the third respondent to entertain the document and pass appropriate orders, within the time frame that may be fixed by this Court.
5. The learned Special Government Pleader appearing for the respondents submits that the documents presented by the petitioner will be considered by the respondents based on the report of the first respondent dated 26.03.2021, within the time frame that may be fixed by this Court.
6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the respondents to entertain the documents presented by the petitioner based on the report dated 26.03.2021, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.
7. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.
Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar tri/skt To
1. The District Collector, Tiruvallur District, Tiruvallur.
2. The Inspector General of Registration, Office of IG Registration, 100, Santhome High Road, Raja Annamalaipuram, Chennai - 600 028.
3. The Sub Registrar, Avadi - 600 055, Tiruvallur District.
+1cc to the Government Pleader, S.R.No.18807 W.P.No.6074 of 2022 AD(CO) SU(31/03/2022)