Smt.Pushpa v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.11.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.12631 of 2020 and WMP. No.15601 of 2020 Pushpa ... Petitioner Vs.

1. The Inspector General of Registration, Santhome High Road, Chennai-641 028.

2. The Deputy Inspector General of Registration, Office of the Registration Department, Coimbatore.

3. The Deputy Collector of Stamps, Coimbatore District.

4. The Sub Registrar, Singanallur Sub Registrar's office, Singanallur, Coimbatore. ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to release the registered sale deed bearing pending document No.130 of 2008, dated 29.05.2008, in favourof the petitioner in respect of 2 items of the schedule property viz., property in S.F.No.332/13, Uppiliar street, Singanallur, Coimbatore measuring to an extent of 1312 sq. ft., and property in S.F.No.313 to 319, to an extent of 23.42 acres situated in Othakal Mandapam Village, Coimbatore in accordance with law considering the representation of the petitioner dated 04.03.2020.

For Petitioner : Mr.K.Chozan For Respondents: Mr. T.M.Pappiah, Special Government Pleader

O R D E R

This writ petition has been filed for the issue of a Writ of Mandamus directing the respondents to release the sale deed that is kept as a pending document.

2. When the matter came up for hearing on 16.10.2020, this Court passed the following order :

Mr.T.M.Pappiah, learned Special Government Pleader appearing on behalf of the respondents submitted that the records maintained by the third respondent shows that the subject property belongs to a temple. The learned Special Government Pleader further submitted that the petitioner can be present again before the 4th respondent along with all the relevant documents to establish her right and title over the property and a decision will be taken and reported before this Court during the next date of hearing.

2. The petitioner is directed to appear before the 4th respondent on 21.10.2020 at 11.00 A.M. and submit all the documents.

3. Post this case under the same caption on 05.11.2020.''

3. When the matter was taken up for hearing today, it was brought to the notice of this Court that the 4th respondent by proceedings dated 31.10.2020 has refused to register the document submitted by the petitioner. The learned counsel for the petitioner submitted that the 4th respondent has passed a mechanical order without considering any of the document submitted by the petitioner.

4. In the considered view of this Court, if the petitioner is aggrieved by the proceedings of the 4th respondent dated 31.10.2020, the petitioner will have to independently challenge the same and workout her remedy in accordance with law. Insofar as this writ petition is concerned, no further orders can be passed by this Court.

5. This writ petition is disposed of accordingly. Consequently, connected miscellaneous petition is also closed. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar

To

1. The Inspector General of Registration, Santhome High Road, Chennai-641 028.

2. The Deputy Inspector General of Registration, Office of the Registration Department, Coimbatore.

3. The Deputy Collector of Stamps, Coimbatore District.

4. The Sub Registrar, Singanallur Sub Registrar's office, Singanallur, Coimbatore.

+1cc to the Government Pleader Sr.36325 W.P.No.12631 of 2020 and WMP. No.15601 of 2020 ssd[co] srg 04/12/2020