Kasthuri v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.03.2024 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN Mrs.Kasthuri ... Petitioner
Versus
1. The Inspector General of Registration No.120, Santhome High Road Santhome, Chennai - 600 028
2. The Sub Registrar Office of Sub-Registrar, Pammal Chennai - 600 075
3. The Joint Commissioner Executive Officer Arulmigu Ranganatha Perumal Thirukovil HR & CE Department Thiruneermalai, Chennai - 600 044
4. The Tahsildar Pallavaram Taluk Chengalpet District ... Respondents 1/6
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari Mandamus to call for the records relating to the impugned refusal check slip dated 02.02.2024 vide No.RFL/Pammal/3/2024, issued by the 2nd respondent to the petitioner, and quash the same and to direct the 2nd respondent to admit registration of the release deed dated 02.02.2024 presented by the petitioner before the SRO, Pammal.
For Petitioner : Mr.H.Mohammed Farook For R1, R2 and R4 : Mr.Yogesh Kannadasan Special Government Pleader For R3 : Mr.N.R.R. Arun Natarajan Special Government Pleader (HR & CE)
ORDER
This Writ Petition is filed challenging the impugned refusal check slip dated 02.02.2024 vide No.RFL/Pammal/3/2024, issued by the 2nd respondent to the petitioner, and quash the same and to direct the 2nd respondent to admit registration of the release deed dated 02.02.2024 presented by the petitioner before the SRO, Pammal.
2. The case of the petitioner is that the petitioner's husband had purchased a property comprised in Grama Natham Survey No.210/2, under 2/6
registered sale deed dated 29.01.1982 vide Doc. No.227/1982 on the file of the SRO, Pallavaram and constructed a house. Subsequently, the petitioner's husband died intestate on 27.10.2011 leaving behind the petitioner and her son as his surviving legal heirs to succeed the said property. Thereafter, the petitioner executed a release deed dated 02.02.2024 in favour of her son and presented the same before the 2nd respondent for registration, whereas, the 2nd respondent issued the impugned refusal check slip stating that the 3rd respondent/Executive Officer of Arulmigu Ranganatha Perumal Thirukovil, by his letter dated 05.06.2020 has instructed not to the register the Survey No.210/2 without the permission of Hindu Religious and Charitable Endowments (HR & CE) and therefore, the 2nd respondent directed the petitioner to obtained NOC and to re-present the document. Hence, the present Writ Petition is filed.
3. Mr.Yogesh Kannadasan, learned Special Government Pleader 3/6
takes notice for the respondents 1, 2 and 4. Mr.N.R.R.Arun Natarajan, learned Special Government leader for HR & CE takes notice for the 3 rd respondent.
4. Heard both sides and perused the materials available on record.
5. It is seen that there is a title dispute involved in this case. Therefore, this Court is no inclined to entertain this Writ Petition.
6. Accordingly, this Writ Petition is dismissed at the admission stage itself. No costs.
7. However, the petitioner is at liberty to work out his remedy before the Civil Court in the manner known to law.
19.03.2024 Index : Yes / No Speaking Order : Yes / No Neutral Case Citation : Yes/No Ksa-2 4/6
To
1. The Inspector General of Registration No.120, Santhome High Road Santhome, Chennai - 600 028
2. The Sub Registrar Office of Sub-Registrar, Pammal Chennai - 600 075
3. The Joint Commissioner Executive Officer Arulmigu Ranganatha Perumal Thirukovil HR & CE Department Thiruneermalai, Chennai - 600 044
4. The Tahsildar Pallavaram Taluk Chengalpet District 5/6
P.VELMURUGAN. J.
Ksa-2 W.P. No.6911 of 2024 19.03.2024 6/6