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Madras High CourtWP/16521/2014allowed

K.Parveen @ Parveen Begum v. The Sub Registrar

2015-09-01Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.09.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M. SUNDRESH W.P.No.16521 of 2014 K.Parveen @ Parveen Begum ...

Petitioner - Vs - The Sub Registrar, Pammal, Chennai-75 ...

Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the respondent to receive and register the Settlement deed dated 29.05.2014 presented by the petitioner in respect of the property in Gramanatham S.No.233/1 - 1916 sq.ft. in old door No.45, new door No.62/B, Kanniyamman Koil Street, Anakaputhur Village, Alandur Taluk, Kanchipuram District, before the respondent in accordance with the provisions of Indian Registration Act.

For Petitioner : Mr.N.Suresh For Respondent : Mr.Digvijay Pandian Additional Government Pleader

O R D E R

Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the respondent.

2. The petitioner herein executed a settlement deed in favour of his son on 29.05.2014. Though the document was presented for registration, it was not accepted perhaps on the ground that the certificate of V.A.O. shows that the land is Gramanatham one. Seeking direction to the respondents to register the document the present Writ Petition is filed.

2. The law is quite settled that the gramanatham is not a Government Poramboke land. The Certificate issued by the V.A.O shows that house has been constructed over the said land. What the petitioner has conveyed is a settlement by him to his son. The respondent cannot delve much into the title as a mere registration will not give such status.

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3. In view of the same, this Writ Petition is allowed and the respondent is directed to receive and register the document to be produced by the petitioner subject to the payment of requisite stamp duty. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar arr To The Sub Registrar, Pammal, Chennai-75.

+1cc to Mr.N. Suresh, Advocate, S.R.No.47174 +1cc to the Government Pleader, S.R.No.47235 LRS(CO) EU(21/09/2015) W.P.No.16521 of 2014 https://hcservices.ecourts.gov.in/hcservices/