P.Sellamuthu, v. The Inspector General Of Registration,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.08.2020
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.11128 of 2020 and WMP.No.13572 of 2020
1. P.Sellamuthu, S/o.Late Palaniyappa Gounder.
2. S.Rani, W/o.Sellamuthu.
... Petitioners .Vs.
1. The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhome High Road, Chennai 600 028.
2. The Deputy Inspector General of Registration, Office of the Deputy Inspector General of Registration, Coimbatore Zone, Kamarajar Road, Race Course, Coimbatore, Coimbatore District.
3. The District Registrar, Office of the Coimbatore Registration District, Railway Station Road, Coimbatore-641 018.
4. The Sub-Registrar, Sub-Registrar Office, Ganapathy, Coimbatore District 641 006.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus, directing the respondent to register the petitioner's document i.e., Sale Deed in respect of their property of land measuring 1 Acre and 95 Cents in S.No.3/1A part of Vilankurichi Village, Coimbatore North Taluk, Coimbatore District by considering the representation of the petitioner's dated 17.06.2020 and pass orders.
For Petitioner : Mr.L.G.Sahadevan for Mr.A.Ilayaperumal For Respondents : Mr.T.M.Pappiah, Special Government Pleader.
O R D E R
This writ petition has been filed for issuance of Writ of Mandamus directing the fourth respondent to register the sale deed submitted by the petitioners.
2.The grievance of the petitioners is that they executed a sale deed in respect of the subject property and when the same was presented for registration, the fourth respondent refused to register the same. The further case of the petitioners is that a representation was also made subsequently on 17.06.2020 and the same was also not considered. Therefore, the present writ petition has been filed seeking for appropriate directions. 3.Mr.T.M.Pappiah, learned Special Government Pleader, appearing on behalf of the respondents 1 to 4 submitted that the petitioners even without presenting the document have approached this Court and sought for a relief. The learned counsel further submitted that if the petitioners submit the documents before the fourth respondent, the same will be dealt with in accordance with Section 71 of the Registration Act.
4.Heard learned counsel appearing on behalf of the petitioner.
5.Taking into consideration, the facts and circumstance of the case and the limited relief that has been sought for in the writ petition, there shall be a direction to the fourth respondent to receive the sale deed submitted by the petitioners and if they are no objections, the same may be registered subject to the payment of stamp duty and registration charges. If the fourth respondent is not registering the documents, necessary orders shall be passed under Section 71 of the Registration Act.
6.This writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To
1. The Inspector General of Registration, O/o.the Inspector General of Registration, No.100, Santhome High Road, Chennai 600 028.
2. The Deputy Inspector General of Registration, O/o.the Deputy Inspector General of Registration, Coimbatore Zone, Kamarajar Road, Race Course, Coimbatore, Coimbatore District.
3. The District Registrar, O/o.the Coimbatore Registration District, Railway Station Road, Coimbatore-641 018.
4. The Sub-Registrar, Sub-Registrar Office, Ganapathy, Coimbatore District 641 006.
+1cc to Mr.Ilayaperumal, Advocate, Sr.No.27437 +1cc to the Government Pleader Sr.No.27533 W.P.No.11128 of 2020 mg(co) rr ii (15/09/2020)