D.Kumar Rajesekaran v. Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.04.2022
CORAM
THE HONOURABLE Mr. JUSTICE M.DHANDAPANI WP.No.7538 of 2022 D.Kumar Rajesekaran ...
Petitioner Vs
1. The Inspector General of Registration, 100 Santhom High Road, Pattinapakkam, Chennai-28.
2 . The District Registrar (North) Registration Department, Chennai-01.
3. The Sub Registrar , Sembium Chennai-01.
4. Tata Consultancy Services Ltd., Office of Inspector General, 100 Santhom High Road, Pattinapakkam, Chennai-28.
... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent for registration of the receipt presented by the president of the Bharathi Cooperative building society limited in compliance with the direction of this Honourable Court dated 11.03.2022 in WP No.5706 of 2022 and subsequently the Settlement Deed executed by the petitioner in favour of the petitioners son vide on-line Fee receipt No. S01LANDVV202201188290558 on 18.01.2022 by the third respondent and consequently effect correction in the data base of the first respondent relating to the petitioners said property within a time-frame that may be stipulated by this Honourable Court. For Petitioner : Mr. D.Daniel For Respondents : Mr. Yogesh Kannadasan, Spl. GP
ORDER
This writ petition is filed seeking direction to the third respondent for registration of the receipt presented by the president of the Bharathi Cooperative building society
limited in compliance with the direction of this Honourable Court dated 11.03.2022 in WP.No.5706 of 2022 and subsequently the Settlement Deed executed by the petitioner in favour of the petitioners son vide on-line Fee receipt No.
S01LANDVV202201188290558 on 18.01.2022 by the third respondent and consequently effect correction in the data base of the first respondent relating to the petitioners said property within a time-frame that may be stipulated by this Honourable Court.
2. The case of the petitioner is that the petitioner availed loan from the Maharastra Cooperative Building Society Ltd., by mortgaging a house during the year 1977. Thereafter, the petitioner has repaid the said loan in full quit and the mortgage deed was cancelled and all the originals relating to the said property was given back to him. The petitioner decided to settle the property in favour of his son because of getting old. When the instrument was presented for registration, the SRO found that there no cancellation of mortgage. To correct the same, the petitioner made online application on 19.01.2022 and the same was not considered. Therefore, the petitioner filed a writ petition in W.P.No.5706 of 2022 before this Court. This Court, vide order dated 11.03.2022, was directed the Bharathi Cooperative Building Society Ltd.
, to register the receipt in favour of the petitioner within two weeks. The petitioner presented the documents for registration for execution in favour of his son. However, till date, the said receipt is pending. Without having no other option, the petitioner has filed the present writ petition before this Court.
3. The learned counsel for the petitioner submitted that this Court may issue a directions to the respondents to register the receipt presented by the President of the Bharathi Cooperative Building Society Limited in compliance with the direction of this Court dated 11.03.2022 in W.P.no.5706 of 2022 within the stipulated time as fixed by this Court.
4. The learned Special Government Pleader appearing on behalf of the respondents submitted that the document will be executed as per the directions of this Court dated 11.03.2022 in W.P.No.5706 of 2022 within a period of two weeks from the date of receipt of a copy of this order.
5. Heard, the learned counsel for the petitioner as well as the learned Special Government Pleader appearing for the respondents, and perused the materials available on record.
6. Recording the submission made by the learned Special Government Pleader, this Writ Petition is disposed of with a direction directing the respondents to entertain the document which was presented by the petitioner for registration and pass
appropriate orders within a period of four weeks from the date of receipt of a copy of this order, in terms of the order of this Court dated 11.03.2022 in W.P.no.5706 of 2022. 7.With the above directions, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar Rli To
1. The Inspector General of Registration, 100 Santhom High Road, Pattinapakkam, Chennai-28.
2. The District Registrar (North) Registration Department, Chennai-01.
3. The Sub Registrar, Sembium Chennai-01.
+2ccs to M/s.R.Kaviya Sri, Advocate SR.No.22626 +1cc to Special Government Pleader SR.No.23411 WP.No.7538 of 2022 SKM(CO) GMY(28/04/2022)