S.Sankari, v. The Inspector General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.01.2016

CORAM

THE HONOURABLE MR.JUSTICE M.M. SUNDRESH W.P.No.29297 of 2014 S.Sankari W/o.Late V.Sampath Naidu, No.6/175, Muniappan Nagar Main Road, Nerkundram, Chennai 600 092 ... Petitioner - Vs - -

1. The Inspector General of Registration, Mylapore, Chennai 600 004

2. The District Registrar, Thiruvallur District, Kancheepuram District

3. The Sub-Registrar, Manavala Nagar, Thiruvallur Taluk,

4. J.Vijayakumar S/o.Late Jaganatha Achari, No.135, Amman Koil Street, Padur, Valarpuram Post, Poonamallee 602 105 ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus directing the second respondent herein to register the document bearing No.P201300223 (Book-I) in respect of the property comprised in S.No.362/9, situated at Paparambakkam Village, For Petitioner : Mr.S.Janarthanam For Respondents 1 to 3 : Mr.R.A.S.Senthilvel, Additional Government Pleader

ORDER

The petitioner being the purchaser of the property from the fourth respondent has come forward to file this Writ Petition seeking a direction to the second respondent to register the document bearing No.P201300223 (Book-I) with respect to property situated in Survey No.362/9, situated at Paparambakkam Village, 2.

It appears that the said document was not registered and released on the sole ground that one Jeevan has raised an objection placing reliance upon the Civil Suit said to have been pending in O.S.No.5407 of 2012 on the file of the City Civil Court, Chennai.

3.

Both the learned counsel appearing for the petitioner and learned Additional Government Pleader submitted that the said suit which was dismissed for default on 27.08.2014 has not been restored till now. Therefore, there cannot be any impediment even otherwise for registering document.

4.

Accordingly, a direction is issued to the third respondent to register the document within a period of four weeks from the date of receipt of a copy of this order and do the needful subject to the payment of adequate stamp duty and other charges, if any.

The Writ Petition is disposed of with the above said direction. No costs.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar srn To

1. The Inspector General of Registration, Mylapore, Chennai 600 004

2. The District Registrar, Thiruvallur District, Kancheepuram District

3. The Sub-Registrar, Manavala Nagar, Thiruvallur Taluk, 1 cc to Government Pleader, SR. 2240 W.P.No.29297 of 2014 SAI (CO) kk 27/1