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Madras High CourtWP/9455/2019disposed of

Mrs.G.Dhanalakshmi, v. The Inspector General Of

2019-03-29Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.03.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.9455 of 2019 G.Dhanalakshmi

...Petitioner

Vs.

1.The Inspector General of Registration Santhome High Road, Chennai.

2.The Sub-Registrar Ponneri.

3.The Thasildar Ponneri Taluk Tiruvallur District.

..Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent to register and return the document pending No.280, Receipt No.25587 dated 16.09.2016 to the petitioner.

For Petitioner :

Mr.T.N.Rajagopalan For Respondents:

Mr.S.N.Parthasarathy R3 Government Advocate R1&R2 :

M/s.Thamixharasi, Government Advocate for R1&R2

O R D E R

Mr.S.N.Parthasarathy, learned Government Advocate takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the 2nd respondent to register and return the document pending No.280, Receipt No.25587 dated 16.09.2016 to the petitioner.

3. It is stated that the petitioner has presented a sale deed dated 16.09.2016 before the 2nd respondent/SubRegistrar, Ponneri on 16.09.2016. It is further stated that the 2nd respondent has issued receipt No.25587 and allotted pending document number in P201600280, after receiving the relevant charges. It is stated that the 2nd respondent has not either registered the document or returned the same so far and on the other hand, keeping https://hcservices.ecourts.gov.in/hcservices/

it pending without passing any order.

4. Needless to say that the Registering Authority, namely, the 2nd respondent, is duty bound to act in accordance with law, once the document is presented for registration, by registering the same if there is no other legal impediment for him to do so. On the other hand, if such authority is facing some legal impediment for registering the said document, it is for him to say so in writing and return the document by issuing a check slip. Without doing either of these things, the Registering Authority cannot keep the matter pending for long time.

5. Considering the above stated facts and circumstances, this writ petition is disposed of, only by directing the 2nd respondent to consider the request of the petitioner and pass appropriate orders on the document presented by the petitioner within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS viii) //True Copy// Sub Assistant Registrar mk To 1.The Inspector General of Registration Santhome High Road, Chennai.4 2.The Sub-Registrar Ponneri.

3.The Thasildar Ponneri Taluk Tiruvallur District.

+1cc to Mr.T.N.Rajagopalan , Advocate SR.No.30366 +1 cc to Government Pleader SR.NO. 31590 WP.No.9455 of 2019 A.SK(16/05/2019) https://hcservices.ecourts.gov.in/hcservices/