R.Poornima, v. The Inspector General Of Registration,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.04.2019
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.6946 of 2019 and WMP.No.7687 of 2019 1.
R.Poornima 2.
P.Thiruvengadam ... Petitioners Vs 1.
The Inspector General of Registration Santhome High Road Pattinapakkam, Chennai.
2.
The District Registrar Tiruppur Tiruppur District.
3.
The Joint Sub-Registrar No.II Tiruppur Tiruppur District.
4.
The Executive Officer Arulmigu Visweswara Swamy and Veeraragava Perumal Temple Easwaran Kovil Street, Tiruppur, Tiruppur District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent to register and release the sale deed dated 24.11.2017 to the petitioner within time bound manner by considering the petitioners written explanations dated 18.01.2018 to the notice issued by the 3rd respondent vide proceedings in Number.14/2018 dated 04.01.2018.
For Petitioners :
Mr.K.Myilsamy For Respondent :
Mr.P.P.Purushothaman Government Advocate for R1 to R3 Mr.M.Maharaja Special Government Pleader for R4
O R D E R
The petitioners seek for a direction to the third respondent to register and release the sale deed dated 24.11.2017.
2. Heard the learned counsel for the petitioners, the learned Government Advocate for the respondents 1 to 3 and the learned Special Government Pleader for the fourth respondent.
3. It is seen that the sale deed presented by these petitioners was not registered by the third respondent on the reason that there is an objection raised by the fourth respondent-Temple for registering any sale deed in respect of the subject matter property. It is stated by both sides that the third respondent is conducting an enquiry in respect of the subject matter sale deed presented by these petitioners.
4. The learned Special Government Pleader for the fourth respondent submitted that so far, the Temple has not received any notice from the third respondent.
5. On the other hand, it is submitted by the learned counsel for the petitioners that a show cause notice was issued both to the petitioners as well as the fourth respondent-Temple.
6. In any event, as it is for the third respondent to conduct enquiry and pass appropriate orders after hearing both the parties, a fresh notice shall be issued to the petitioners as well as the fourth respondent and thereafter, the third respondent shall pass appropriate orders on merits and in accordance with law after hearing them. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioners, as it is for the third respondent to consider and pass appropriate orders after hearing the petitioners and the fourth respondent as well. The whole exercise shall be done by the third respondent within a period of eight weeks from the date of receipt of a copy of this order.
7. With the above direction, this writ petition is disposed of, accordingly. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar
mk To 1.
The Inspector General of Registration Santhome High Road Pattinapakkam, Chennai.
2.
The District Registrar Tiruppur Tiruppur District.
3.
The Joint Sub-Registrar No.II Tiruppur Tiruppur District.
4.
The Executive Officer Arulmigu Visweswara Swamy and Veeraragava Perumal Temple Easwaran Kovil Street, Tiruppur, Tiruppur District.
+1cc to Mr.K.Myilsamy , Advocate SR.No. 38102 +1 cc to Government Pleader Sr.No. 39078 +1 cc to Spl.Government Pleader Sr.No. 38901 WP.No.6946 of 2019 A.SK(20/05/2019)