Madras High CourtWP/35875/2015allowed

Mrs. A. Keerthi v. The Sub-Registrar,

2016-01-29Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.1.2016

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.Nos.35875 to 35877 of 2015 A.Keerthi .. Petitioner in all WPs vs.

The Sub-Registrar Tiruttani Sub-Registration Office Tiruttani Tiruvallur District .. Respondent in all WPs Prayer in W.P.No.35875/15:Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondent to release the Deed of General Power of Attorney dated 24.08.2015 bearing Document No.3638/2015 registered before the respondent on 27.08.2015 to the petitioner. Prayer in W.P.Nos.35876 & 35877 of 15:

Petitions filed under Article 226 of The Constitution of India praying to issue Writ of Mandamus directing the respondent to release the Sale Deeds dated 26.08.2015 bearing Document Nos.3637/2015 and 3636/2015 registered before the respondent on 27.08.2015 to the petitioner respectively.

For Petitioner :

Mr.R.Munuswamy For Respondents :

Mr.V.Subbiah, Special Government Pleader COMMON ORDER Despite the fact that the matter has been adjourned on three occasions, no instructions are forthcoming. Therefore, Writ petition is taken up for final hearing with available records.

2. The learned counsel for the petitioner submitted that the power deed dated 24.8.2015 registered in document No.3638/15 and sale deeds dated 26.08.2015 registered in document Nos. 3637 https://hcservices.ecourts.gov.in/hcservices/

and 3636/2015 are duly reflected in the Encumbrance Certificate. However, without rhyme or reason, the same have not been released.

3. When the documents are registered and also find a place in the Encumbrance Certificate, there cannot be any basis for withholding the same. As stated above, despite three opportunities being given, respondent is unable to give any instructions.

4.Considering the submissions made, especially by taking note of the fact that the registrations have already taken place, the writ petitions stand allowed. Accordingly, respondent is directed to release the above three documents within a period of four weeks from the date of receipt of a copy of this order. However, it is made clear that this order will not stand in the way of the respondent in taking appropriate action as per law. The writ petitions are disposed of accordingly. No costs. sd/- Assistant Registrar(Cs-VII) /TRUE COPY/ Sub-Assistant Registrar kua To The Sub-Registrar Tiruttani Sub-Registration Office Tiruttani Tiruvallur District +3 CC to MR.R.Munuswamy Advocate. SR.NO.5712-5714 +1 CC to Govt.Pleader. SR.NO. 6102 W.P.Nos.35875 to 35877 of 2015 CO-RSK JD 08/02/2016 https://hcservices.ecourts.gov.in/hcservices/