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Madras High CourtWP/16424/2016disposed of

Miss M.Rekha, v. The District Registrar (North)

2017-04-25Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2017

CORAM

THE HONOURABLE MR.JUSTICE M.DURAISWAMY W.P.No.16424 of 2016

1. M. Rekha

2. M. Deepa

...Petitioners

Vs.

1. The District Registrar (North) 1st Lane Beach, Chennai-600 001.

2. The Sub-Registrar, Ambattur, Chennai-600 053.

... Respondents Prayer:

Petition filed under Article 226 of The Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus calling for the proceedings of the first respondent Lr.82/A1/2015, dated 25.01.2016 and quash the same and direct the second respondent to admit the deed of settlement presented for registration on 06.11.2015, by extending the period of presentation beyond 120 days for presentation of the instrument for registrations and complete the registration of the said instrument.

For Petitioners : Mr. Irwin aaron For Respondents : Mr. A.N.Thambidurai Spl.GP

ORDER

The petitioner has filed the writ petition for issuance of a writ of certiorarified mandamus calling for the proceedings of the first respondent dated 25.01.2016 and to quash the same and directing the second respondent to admit the deed of settlement presented for registration on 06.11.2015 extending the period of

120 days for presentation of the instrument for completing the registration of the said instrument.

2. By the impugned proceedings dated 25.01.2016, the first respondent had informed the petitioner to comply with the defects pointed out by the second respondent and represent the document for registration before the second respondent. Challenging this order, without representing the document before the second respondent, the petitioner has filed the writ petition.

3. Mr.A.N.Thambidurai, learned Special Government Pleader appearing for the respondents, submitted that the petitioner may be directed to comply with the defects pointed out by the second respondent and represent the document for registration.

4. Having regard to the submissions made by the learned counsel on either side, since the petitioner was directed to represent the document for registration after complying with the defects pointed out by the second respondent, I do not find any mistake or error in the order passed by the first respondent. However, it is open to the petitioner to comply with the defects pointed out by the second respondent and represent the same before the second respondent. If the document is in order, the second respondent shall register the same and return the document to the petitioner.

5. The writ petition stands disposed of with the above observations. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar To

1. The District Registrar (North) 1st Lane Beach, Chennai-600 001.

2. The Sub-Registrar, Ambattur, Chennai-600 053.

+1 cc to M/s.K.Sudhakar Advocate sr 24960 +1 cc to the Government Pleader sr 25291 W.P.No.16424 of 2016 pvs(co) aa03/05/2017