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Madras High CourtWP/9738/2022disposed of

T.Visalam v. The Sub Registrar

2022-04-22Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.9738 OF 2022 T.Visalam ... Petitioner Vs.

The Sub Registrar, Pammal, Chennai - 75.

... Respondent Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to receive and register the Release Deed executed by the petitioner in favour of her son namely Muralimaran on 05.04.2022 in respect of the property in Old Survey No.217/2, New Survey No.217/2A1A in respect of her undivided share in the property 1300 sq.ft, in accordance with the provisions of the Indian Registration Act and to release the document forthwith to the petitioner. For petitioner : Mr.N.Suresh For Respondent : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

The petitioner has filed this petition seeking direction to the respondent to receive and register the Release Deed executed by the petitioner in favour of her son namely Muralimaran on 05.04.2022 in respect of the property in Old Survey No.217/2, New Survey No.217/2A1A in respect of her undivided share in the property 1300 sq.ft, in accordance with the provisions of the Indian Registration Act and to release the document forthwith to the petitioner.

2.

Mr.Yogesh Kannadasan, learned Special Government Pleader takes notice for the respondent. In view of the limited relief sought for in this petition and on the consent expressed

by the learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the subject property originally belongs to the petitioner's husband. However, the petitioner's husband died on 27.12.1993 leaving behind the petitioner and her son. Thereafter, the petitioner had executed a Release Deed in favour of her son on 05.04.2022 and presented the document before the respondent for registration. However, the said document was not entertained by the respondent for registration. Hence, the present Writ Petition has been filed by the petitioner for the above relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the respondent to consider the petitioner's representation dated 05.04.2022 within the time frame that may be fixed by this Court.

5. The learned Special Government Pleader appearing for the respondent submits that the petitioner's representation dated 05.04.2022 will be considered by the respondent within the time frame that may be fixed by this Court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the respondent to entertain the document presented by the petitioner dated 05.04.2022, if it is otherwise in order, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, on payment of requisite Stamp duty and Registration Charges.

7. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar tri

To The Sub Registrar, Pammal, Chennai - 75.

+1cc to Mr.N.Suresh, Advocate, S.R.No.27655 +1cc to the Special Government Pleader, S.R.No.28614 W.P.No.9738 of 2022 SKM(CO) PM/10/05/2022