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Madras High CourtWP/13489/2022disposed of

T.Vanitha v. The Inspector General Of Registration

2022-06-17Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.13489 of 2022 T.Vanitha

...Petitioner

Vs.

1.

The Inspector General of Registration, Registration Department, Office at No.100 Santhome High Road, Santhome, Chennai - 600 028.

2.

The District Registrar, South Chennai Registration District, Saidpet, Chennai - 600 015.

3.

The Sub Registrar, Avadi Sub Registration Office, Avadi, Chennai - 600 054.

4.

The Sub Registrar, Poonamallee Sub Registration Office, Poonamallee, Chennai - 600 056.

...Respondent

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to consider the petitioner representation dated on 19.02.2021 in relating to release the pending Gift Settlement Deed Document No.64 of 2016 pending before the 3rd respondent herein and directing the respondents to release the pending Document No.64 of 2016 in favour of petitioner.

For Petitioner : Mr.B.Gandhi For Respondents : Mr.Yogesh Kannadasan, Spl.GP.

O R D E R

The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus to direct the 3rd respondent to consider the petitioner's representation dated on 19.02.2021 and release the pending Gift Settlement Deed Document No.64 of 2016 in favour of petitioner as early as possible.

2. Learned Special Government Pleader takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel on either side, this petition is taken up for final hearing.

3. The case of the petitioner is that, the petitioner executed a Gift Settlement deed in favour of her mother namely Sorojani in respect of the properties as stated in the subject document and presented the same before the 3rd respondent on 06.05.2016 for registration, by paying the entire stamp duty and registration fees, however, the same was kept pending in Pending Document No.64 of 2016, inspite of making several representations by the petitioner. Aggrieved by the inaction on the part of the respondents, the petitioner finally sent a representation dated 19.02.2021 to the respondents 1 to 3 and the Secretary to Government, Registration Department, however, till date, no orders have been passed on the same. Hence, this Writ petition is filed.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the 3rd respondent to consider the petitioner's representation dated 19.02.2021 and subsequently release the pending Gift Settlement Deed Document No.64 of 2016 in favour of petitioner as early as possible.

5. Learned Special Government Pleader appearing on behalf of the respondents has no serious objection for said order being passed and he fairly conceded that the petitioner's representation dated 19.02.2021 will be considered and appropriate orders will be passed on the same within the time stipulated by this Court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the 3rd respondent to consider the petitioner's representation dated 19.02.2021, entertain the document presented by the petitioner for registration and pass orders in accordance with law within a period of eight weeks from the date

of receipt of a copy of this order.

7. This writ petition is accordingly disposed of. No costs.

Sd/- Assistant Registrar(CS-V) // True Copy // Sub Assistant Registrar skt To 1.

The Inspector General of Registration, Registration Department, Office at No.100 Santhome High Road, Santhome, Chennai - 600 028.

2.

The District Registrar, South Chennai Registration District, Saidpet, Chennai - 600 015.

3.

The Sub Registrar, Avadi Sub Registration Office, Avadi, Chennai - 600 054.

4.

The Sub Registrar, Poonamallee Sub Registration Office, Poonamallee, Chennai - 600 056.

+1cc to M/s.B.Gandhi, Advocate SR.No.36819 +1cc to the Government Pleader, SR.No.37411 W.P.No.13489 of 2022 SVI(CO) CB(13/07/2022)