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Madras High CourtWP/5886/2024dismissed

Dhanalaskhmi v. The District Registrar

2024-03-22Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN of 2024 and W.M.P.Nos.6518 and 6516 of 2024

1. Dhanalakshmi

2. Girija Gopalakrishnan

3. Vanaja

4. R.Vani

5. Saravanan

6. Senthilkumar Gunasekaran

7. Giridharan Gunasekaran ... Petitioners Vs.

1. The District Registrar, Nilgiris District, Coonoor Road, Charring Cross, Udhagamandalam - 643 001.

2. The Sub Registrar, Taluk Office Road, Udhagamandalam - 643 001, Nilgiris District.

... Respondents 1/6

Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd Respondent to forthwith register the Sale Deed executed by the petitioners in respect of their property situate in D.No.152 having build up area of 511 Sq.Ft situated at main Bazaar, Ootcamund and Door No.245 (old Door Nos.368, 369 and 398 having build up area of 435 Sq.Ft situated at main bazaar and vacant land measuring an extent of 8.35 cents or 3639 Sq.mt comprised in Rs.No.447, T.S.No.H/8/38 and 74 (hereinafter "Schedule property") in light of the representation, dated 30.06.2023 and 07.09.2023 sent by the petitioners' father late Gunasekaran.

For Petitioner : Mr.C.Jeganathan For Respondent : Mr.B.Vijay Additional Government Pleader

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the 2nd Respondent to forthwith register the Sale Deed executed by the petitioners in respect of their property situate in D.No.152 having build up area of 511 Sq.Ft situated at main Bazaar, Ootcamund and Door No.245 (old Door Nos.368, 369 and 398 having build up area of 435 Sq.Ft situated at main bazaar and vacant land measuring an extent of 8.35 cents 2/6

or 3639 Sq.mt comprised in Rs.No.447, T.S.No.H/8/38 and 74, by considering the representations, dated 30.06.2023 and 07.09.2023 made by the petitioners' father viz., late Gunasekaran.

2. Heard Mr.C.Jeganathan, learned counsel for the petitioner and Mr.B.Vijay, learned Additional Government Pleader appearing for the Respondents.

3. Mr.B.Vijay, learned Additional Government Pleader appearing for the Respondents submitted that no documents have been so far presented before the 2nd Respondent and without presenting any document in a proper manner, directly the petitioner has approached this Court. Hence, he prayed for dismissal of the Writ Petition. 3/6

4. On perusal of records, it is seen that the petitioners have not produced any token number or date of presentation before the Respondents. Hence, the petitioners are not entitled to the relief sought for in this Writ petition.

5. Therefore, this Writ Petition is dismissed. However, the petitioners are at liberty to work out their remedy in the manner known to law. There shall be no order as to costs.

6. Consequently, connected miscellaneous petition in WMP No.6518 of 2024 is closed. WMP No.6516 of 2024 is ordered subject to payment of separate Court fee.

22.03.2024 Index : Yes / No Speaking Order : Yes / No Neutral Case Citation : Yes/No vum 4/6

To

1. The District Registrar, Nilgiris District, Coonoor Road, Charring Cross, Udhagamandalam - 643 001.

2. The Sub Registrar, Taluk Office Road, Udhagamandalam - 643 001, Nilgiris District.

5/6

P.VELMURUGAN. J.

vum of 2024 and W.M.P.No.6518 of 2024 22.03.2024 6/6