M/S. Tamil Nadu Maheswari v. The State Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 15.10.2015
CORAM
THE HONOURABLE MR.JUSTICE M.M. SUNDRESH W.P.No.30096 of 2015 and M.P.No.1 of 2015 M/s.Tamil Nadu Maheswari Foundation No.18, Ekambareshwaram Agraharam Sowcarpet, Chennai-600 003 Rep. by its Trustee, K.G.Baheti ...
Petitioner - Vs -
1. The State of Tamilnadu, rep. by Inspector General of Registration, Santhome, CHENNAI-600 028.
2. The Sub-Registrar, No.3/1, Bhagavath Singh Nagar, Madhavaram High Road, Madhavaram, Chennai-600060.
3. The District Registrar (Administration), (Additional Inspector General Cadre), North Chennai, Office of the District Registrar, Chennai North, Chennai-600 001.
...
Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the respondents herein to forthwith release Deed of Sale dated 24.08.2015 registered as document No.5102 of 2015 in Book I in the office of the Second Respondent herein, to the petitioner after duly completing the process of Registration.
For Petitioner : Mr.P.J.George For Respondent :Mr.R.A.S.Senthilvel (R1 to R3) Additional Government Pleader
O R D E R
Seeking to release the Deed of Sale dated 24.08.2015 registered as Document No.5102 of 2015 in Book I in the office of the second respondent herein, the present Writ Petition has been filed.
2. Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the respondents.
3. In the counter affidavit filed by the second respondent, it has been stated that the issue has been referred to the third respondent for fixation of value and the proceedings are pending.
4. As rightly submitted by the learned counsel for the petitioner that the issue has already been dealt with by this Court in other similar writ petitions wherein it has been held that the documents shall be released pending such proceedings and the same are directed to be released only subject to the condition that can be imposed and subject to the endorsement indicating the pendency of the proceedings.
5.In view of the same, this writ Petition is disposed of by directing the respondents 2 and 3 to release the Deed of Sale dated 24.08.2015 registered as document No.5102 of 2015 in favour of the petitioner subject to the condition that can be imposed including the one indicated above, within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar arr
To
1. The Inspector General of Registration, State of Tamilnadu, Santhome, CHENNAI-600 028.
2. The Sub-Registrar, No.3/1, Bhagavath Singh Nagar, Madhavaram High Road, Madhavaram, Chennai-600060.
3. The District Registrar (Administration), (Additional Inspector General Cadre), North Chennai, Office of the District Registrar, Chennai North, Chennai-600 001.
+1 cc to Mr.P.J.George, Advocate, sr.56972 +1 cc to Government Pleader, sr.57541 W.P.No.30096 of 2015 and M.P.No. 1 of 2015 sv co kra 19/10