M/S. Alliance Business Parks Pvt Ltd v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.09.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.13558 of 2020 M/s. Alliance Business Parks Pvt Ltd, No. 36/1, Gandhi Mandapam Road, Kotturpuram, Chennai 600 085.

... Petitioner Vs.

1.The Inspector General of Registration, Office of the Inspector General of Registration, Santhome High Road, Chennai - 600 028.

2.The District Registrar (Admin), Chennai (South), Guindy, Chennai - 600 032.

3.The Sub-Registrar, Office of the Sub-Registrar, Pallavaram, Chennai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the first Respondent to dispose of the representation dated 09.09.2020 requesting the first respondent to call for the document No. P111 / 2020 on the file of the Sub-Registrar, Pallavaram and to decide the issue regarding condonation of delay.

For Petitioner : Mr.S.Sethuraman For Respondents: Mr.T.M.Pappaiah Special Government Pleader

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the respondents to consider the representation made by the petitioner on 09.09.2020 and to register and release the document pending in Document No.P111/2020 within the time limit fixed by this Court. 2.The case of the petitioner is that the petitioner company had availed credit limits from various financial institutions and had entered into a Debenture Trust cum https://hcservices.ecourts.gov.in/hcservices/

Mortgage Deed dated 26.02.2020. This document was presented for registration before the 3rd respondent. Since there was some delay in presenting the document, the same was forwarded to the 2nd respondent for the purpose of condoning the delay of nearly 55 days in presentation of the document. The grievance of the petitioner is that the 2nd respondent has not passed an order and even the subsequent representation made by the petitioner company on 09.09.2020 did not evoke any response. Aggrieved by the same, the present writ petition has been filed before this Court seeking for appropriate directions. 3.Heard Mr.S.Sethuraman, learned counsel for the petitioner and Mr.T.M.Pappaiah, learned Special Government Pleader, appearing for the respondents.

4.Taking into consideration the facts and circumstances of the case and the limited relief sought for in the writ petition, there shall be a direction to the 2nd respondent to immediately pass appropriate orders on the representation made by the petitioner on 09.09.2020 strictly in accordance with law, not later than two weeks from the date of receipt of a copy of this order. Immediately on the passing of the order, the 3rd respondent shall act upon the same and proceed further in accordance with law. The petitioner is directed to make a fresh representation to the 2nd respondent along with a copy of this order.

This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mkn To 1.The Inspector General of Registration, Office of the Inspector General of Registration, Santhome High Road,Chennai - 600 028.

2.The District Registrar (Admin), Chennai (South), Guindy, Chennai - 600 032.

3.The Sub-Registrar, Office of the Sub-Registrar, Pallavaram, Chennai.

+2ccs to Mr.S.Sethuraman , Advocate SR.No. 31746 +1 cc to Government Pleader Sr.No. 32153 W.P.No.13558 of 2020 A.SK(05/10/2020) https://hcservices.ecourts.gov.in/hcservices/