Mrs.Stella Sunitha, v. The Sub Registrar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 15.06.2016
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.17194 of 2016 Stella Sunitha ... Petitioner Vs.
1.The Sub Registrar, Pallavaram, Chennai.
2.The District Registrar, Chennai South, Saidapet, Chennai.
3.The Special District Revenue Officer (Stamps), 5th Floor, Collectorate Building, Rajaji Salai, Chennai - 600 001.
4.The Inspector General of Registration, Santhome High Road, Mylapore, Chennai - 600 004.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, for the issuance of writ of mandamus directing the respondents to return the document namely Rectification Deed dated 03.06.2015 registered as Document No.P162/2015 to the petitioner within the time stipulated by this Court. For Petitioner : Mr.G.Ilangovan For Respondents : Mr.R.Govindasamy, Special Government Pleader -----
O R D E R
The petitioner claims to be the sole and absolute owner of the landed property ad-measuring to an extent of 41 cents comprised in S.No.29/5B1A situated at Koolacheri Village, Tambaram Taluk, Kancheepuram District, by virtue of a registered sale deed dated 14.09.2007 bearing document No.4783, registered in the office of the Sub Registrar, Pallavaram. The petitioner
would state that he and his vendor subsequently came to know that some mistake had crept-in in the said sale deed and therefore, presented rectification deed for registration on 03.06.2015 and since it is neither returned nor registered, they also sent a reminder on 04.02.2016 to the first respondent and since no orders have been passed, came forward to file this writ petition.
2. The learned counsel appearing for the petitioner would submit that it is open to the first respondent either to register or return the same pointing out certain defects and he has not done so and therefore, the petitioner is constrained to file this writ petition.
3. Per Contra, Mr.R.Govindasamy, learned Special Government Pleader appearing for the respondents would submit that the documents is kept as a pending document and it has been forwarded to the second respondent for further proceedings.
4. This Court has considered the rival submissions.
5. It is unfortunate that despite the presentation of the rectification deed for registration as early as on 03.06.2015, neither the first respondent nor the second respondent chose to inform the petitioner as to the stage of the proceedings.
6. Though the petitioner prays for the larger relief, this Court in the light of the facts and circumstances, directs the first respondent to act on the endorsement of the second respondent in m/jp/K/vz; /5475-M1-2016 dated 07.04.2016 in accordance with law within a period of two weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.
This Writ Petition is disposed of accordingly. No costs. -s/dAssistant Registrar(CSVII) True Copy Sub-Assistant Registrar vsm
To 1.The Sub Registrar, Pallavaram, Chennai.
2.The District Registrar, Chennai South, Saidapet, Chennai.
3.The Special District Revenue Officer (Stamps), 5th Floor, Collectorate Building, Rajaji Salai, Chennai - 600 001.
4.The Inspector General of Registration, Santhome High Road, Mylapore, Chennai - 600 004.
+1 cc to Government Pleader sr.33145 +1 cc to Mr.G.Ilangovan Advocate sr.32707 Writ Petition No.17194 of 2016 svl(co) aa24/06/2016