G.Premala Santhakumari v. Sub Registrar-Virugambakkam,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN G.Premala Santhakumari ... Petitioner versus 1.Sub Registrar - Virugambakkam, Chennai South District, No.124, Arcot Road, 1 st Floor, Virugambakkam, Chennai - 600 045.
2.District Registrar, Chennai South District, Chennai Zone, Integrated Building for Offices of the Commercial Taxes and Registration Department, Fanepet, Nandhanam, Chennai - 600 035.
3. Inspector General of Registration, Registration Department, No.100, Santhome High Road, Chennai - 600 028.
... Respondents Page Nos.1/6
Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 04.01.2024, as instructed by the second respondent in his letter dated 08.02.2024 and pass orders within the time that may stipulated by this Court.
For Petitioner :
Mr.K.Rajasekaran For Respondents :
Mr.B.Vijay Additional Government Pleader
O R D E R
Mr.B.Vijay, learned Additional Government Pleader accepts notice for respondents 1 and 2. With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.
2. This writ petition has been filed seeking for issuance of a writ of mandamus, directing the first respondent to consider the petitioner's representation dated 04.01.2024, as instructed by the second respondent in his letter dated 08.02.2024 and pass orders within the time that may stipulated by this Court.
Page Nos.2/6
3. The petitioner made a representation to the respondents on 04.01.2024 stating that her brothers have fraudulently obtained Patta suppressing the fact that she is also the legal heir of deceased Gnanavel/father of petitioner and made a request to the Registering Authority not to entertain registration of any documents with regard to subject properties in Plot Nos.2, 12 and 13 measuring an extent of 0.03 acres situated in S.Nos.51, 65, 66, 68/2 and 69/2 in Neerkundram Village, Saidapet. That being so, the second respondent vide letter dated 08.02.2024 directed first respondent to consider the representation of the petitioner on the basis of Circular No.39708 dated 04.10.2018 issued by the third respondent. Since there was no response from the first respondent, the present writ petition has been filed.
4. Heard both sides and perused the materials available on record. Page Nos.3/6
5. It is seen from the records that there is a title dispute between the petitioner and her brothers. The power of the Registering Authority is very limited. The Registering Authority is not a judicial or quasi judicial body and only they have to exercise their administrative powers while registering the documents. Further, the Writ Court cannot render any finding with regard to the title of the property, which can only be the purview of appropriate Civil Court. Therefore, this writ petition is not maintainable. However, the petitioner is at liberty to work out her remedy before the competent Civil Court.
6. In view of the above, the writ petition is dismissed. There shall be no order as to costs.
21.03.2024 Index: Yes/No Speaking Order : Yes/No ms Page Nos.4/6
To 1.The Sub Registrar - Virugambakkam, Chennai South District, No.124, Arcot Road, 1 st Floor, Virugambakkam, Chennai - 600 045.
2.The District Registrar, Chennai South District, Chennai Zone, Integrated Building for Offices of the Commercial Taxes and Registration Department, Fanepet, Nandhanam, Chennai - 600 035.
3.The Inspector General of Registration, Registration Department, No.100, Santhome High Road, Chennai - 600 028.
Page Nos.5/6
P.VELMURUGAN, J.
ms W.P.No.7604 of 2024 21.03.2024 Page Nos.6/6