← Library
Madras High CourtWP/10832/2018disposed of

Mrs.A.Lakshmi, v. The Inspector General Of

2018-04-26Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.10832 of 2018

1. A.Lakshmi

2. A.Geetha

3. A.Lalitha

4. A.Nimmi ..

Petitioners -vs1. The Inspector General of Registration, Office of the Inspector General of Registration, 100, Santhome High Road, Fore Shore Estate, Chennai-28.

2. The Tahsildar, Mylapore Circle, No.28 Ground Floor, Pasumpon Muthuramalingam Road, R.A.Puram, Chennai-28.

3. The Sub-Registrar, Sub-Registrar's Office, 16, Pycrofts Road, 1st Street, Royapettah, Triplicane, Chennai-14.

4. District Revenue Officer, Office of the Collectorate, Chennai-699 001.

5. M.A.Namazee Endowment, rep. by its Muthavalli Azeez Khaleeli, Old No.28, New No.148, Angappa Naicken Street, Chennai-600 001.

..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the 4th respondent to pass final orders on the appeal pending before him with regard to the issuance of patta in C.A.No.1406/13 and T.R.No.1581/13 dated 13.12.13 issued in favour of the Principals of the petitioners herein within a time frame fixed by this Court.

For Petitioners :: Ms.Subhasini, K.

for M/s.Chennai Law Associates For Respondents ::

Mr.V.Jayaprakash Narayanan, Special Government Pleader for R2 and R4 Mr.T.M.Pappiah, Special Government Pleader for R1 and R3

ORDER

The Writ Petition has been filed seeking to issue of a Writ of Mandamus, directing the 4th respondent to pass final orders on the appeal pending before him with regard to the issuance of patta in C.A.No.1406/13 and T.R.No.1581/13 dated 13.12.13 issued in favour of the Principals of the petitioner herein within a time frame fixed by this Court.

2.

The case of the petitioners is that they claim to be the owners of the land and building covered in Survey No.321/7 to an extent of 5737.16 sq.ft. Originally, the said property belonged to one Mr.Lord Govind Doss, who has bequeathed the said property through a registered Will dated 24.4.1968 in favour of one Mr.Duraisamy Iyengar who adopted one A.Sundari as his daughter by means of an Adoption Deed dated 04.12.1964. After such adoption, the said Duraisamy Iyengar has executed his last will dated 22.4.1975 bequeathing certain properties to A.Sundari.

Since the petitioners are all daughters of A.Sundari, after her death on 28.5.2012, they obtained a Legal Heirship Certificate from the concerned Tahsildar on 13.12.2012. They were also issued with a new patta dated 13.12.2013 in respect of the above said property. Therefore, the petitioners are entitled to come to this Court seeking a direction for disposal of the appeal filed by them which is pending on the file of the 4th respondent.

3.

Heard Mr.T.M.Pappiah, learned Special Government Pleader who takes notice on behalf of the respondents 1 and 3 and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader who takes notice on behalf of the respondents 2 and 4. 4.

Considering the limited prayer made in the Writ Petition, without going into the merits of the claim made by the petitioners, this Court directs the 4th respondent herein to consider the pending appeal of the petitioners dated 13.12.2013 and dispose of the same on merits and in accordance with law, after giving an opportunity of personal hearing to the petitioners and other contesting parties, if any, within a period of four weeks from the date of receipt of a copy of this Order.

5. The Writ Petition is disposed of accordingly. No costs.

-s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar tsi To

1. The Inspector General of Registration, Office of the Inspector General of Registration, 100, Santhome High Road, Fore Shore Estate, Chennai-28.

2.The Tahsildar, Mylapore Circle, No.28 Ground Floor, Pasumpon Muthuramalingam Road, R.A.Puram, Chennai-28.

3. The Sub-Registrar, Sub-Registrar's Office, 16, Pycrofts Road, 1st Street, Royapettah, Triplicane, Chennai-14.

4. District Revenue Officer, Office of the Collectorate, Chennai-699 001.

+1 CC to Govt. Pleader sr 31764.

+1 CC to M/s. Chennai Law Associates, sr 31478. W.P.No.10832 of 2018 RV(CO) SP(07/05/2018)