Sri Laksmi Ammal Educational v. The Inspector General Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 22.07.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.21950/2015 & MP.No.1/2015 Sri Lakshmi Ammal Educational Trust, Arcot, rep. by L.Balaji, Chairman Arcot Thimiri Main Road, Villapakkam Vellore District 632 521.
...Petitioner
Versus
1. The Inspector General of Registration Santhome High Road, Santhome, Chennai 600028.
2. The Special Deputy Collector [Stamps] District Collector Office Sathuvachari, Vellore 632 009.
3. The Sub Registrar, Arcot, Vellore District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the 1st respondent herein to dispose the petitioner's appeal pending before the 1s respondent pertaining to the Sale Deed and three Gift Deeds Document Nos.4724, 4725, 4726 and 4727/2013 respectively, all dated 19.11.2012.
For Petitioner : Mr.G.Poonkundran For RR 1 to 3 : Mr.R.A.S.Senthilvel, AGP
O R D E R
By consent, the writ petition is taken up for final disposal.
2.
The petitioner would state that there was a partition between the family members and the Trustees and thereafter, the Trust came to be formed and a Sale Deed and three Gift Deeds were executed in favour of the petitioner's Trust. The petitioner has also paid the necessary Stamp Duty and Registration Fees. The petitioner further states that though the lands have been classified as "Punja lands" which are situated very near to the State Highways, the 3rd respondent has wrongly understood and stated that the said lands are classified as residential area and on account of the same, the 3rd respondent has arbitrarily fixed a sum of Rs.650.55 per sq.ft., for the entire survey numbers and consequently, the documents were not registered.
The petitioner, challenging the legality of the same, preferred an appeal to the 1st respondent, who in turn, directed the District Registrar, Arakonam Town, to conduct an enquiry and the result of which has not been made known to the petitioner. The grievance expressed by the petitioner is that on account of the pendancy of the appeal before the 1st respondent, the documents have not been considered and hence, the petitioner came forward to file this writ petition.
3. Heard the submissions made by the learned counsel for the petitioner and Mr.R.A.S.Senthilvel, learned Additional Government Pleader who accepts notice on behalf of the respondents 1 to 3.
4. This Court, taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the same, directs the 1st respondent to consider and dispose of the petitioner's appeal dated 17.11.2014 in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.
5. The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar AP
To
1. The Inspector General of Registration Santhome High Road, Santhome, Chennai 600028.
2. The Special Deputy Collector [Stamps] District Collector Office Sathuvachari, Vellore 632 009.
3. The Sub Registrar, Arcot, Vellore District.
1 CC to Mr.G.Poonkundran, Advocate SR.No. 37571 1 CC to the Government Pleader, SR.No. 37410 W.P.No.21950/2015 PPA (CO) PSI (07.08.2015)