M.Radha v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.No.13905 of 2021 M.Radha .. Petitioner Vs.

1. The State of Tamil Nadu, Rep. by its Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.

2. The District Collector, Office of the District Collector, Thiruvottiyur District.

3. The Tahsildar, Office of the Tahsildar, Thiruvottiyur Taluk Office, Thiruvottiyur District.

4. The Sub Registrar, Office of the Sub Registrar Office, Thiruvottiyur Taluk Office, Thiruvottiyur District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the 4th respondent to register the pending Document No.P24/2021 to the petitioner in respect of the lands comprised in S.No.29/4 in Old Plot No.949, New Plot No.740 and Old Plot No.952, New Plot No.743 situated at No.44, Sadayankuppam Village, Thiruvottiyur Taluk, Chennai.

For Petitioner : Mr.M.Raja Sekhar For Respondents : Mr.Yogesh Kannadasan, Government Advocate

O R D E R

(The case has been heard through video conference) The writ petition has been filed seeking a direction to the

fourth respondent Sub Registrar to register the sale deed submitted by her.

2. According to the petitioner, the property sought to be registered was originally assigned in favour of the petitioner's vendor and after expiry of the condition period, the petitioner purchased the same and placed the same for registration, but the fourth respondent Sub Registrar refused to register the same and kept the document pending, on the ground that the land sought for registration is a grama natham.

3. Further according to the petitioner, in respect of the very same survey number similar house site was sought for registration and similar order has been passed by the fourth respondent Sub Registrar and the same was challenged in W.P.No.15737 of 2020 and this Court by an order set aside the order passed by the fourth respondent Sub Registrar and directed the Sub Registrar to register the same, consequently the document was also registered. The petitioner is similarly placed person, once again the fourth respondent Sub Registrar refused to register the document for the very same reason. Hence, the present writ petition has been filed.

4. Earlier, notice was ordered to the respondents and Mr.Yogesh Kannadasan, learned Government Advocate appearing for the respondents on instructions from the fourth respondent Sub Registrar stated that due to some technical problem the petitioner's document could not be registered and after rectification of the technical error, the petitioner's document would be registered and after registration the same will be returned to the petitioner.

5. Recording the said submission made by the learned Government Advocate appearing for the respondents, the fourth respondent Sub Registrar is directed to register the document as soon as the technical snag has been rectified and hand over the registered document to the petitioner preferably within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-IX) // True Copy// Sub Assistant Registrar kk

To:

1. The Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.

2. The District Collector, Office of the District Collector, Thiruvottiyur District.

3. The Tahsildar, Office of the Tahsildar, Thiruvottiyur Taluk Office, Thiruvottiyur District.

4. The Sub Registrar, Office of the Sub Registrar Office, Thiruvottiyur Taluk Office, Thiruvottiyur District.

+1cc to Mr.M.Raja Sekhar, Advocate, S.R.No.36757 +1cc to the Government Pleader, S.R.No.37376 W.P.No.13905 of 2021 JPL(CO) SU(26/08/2021)