Kuppammal v. The Inspector Of General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Kuppammal Petitioner(s) Vs 1.The Inspector of General of Registration, Santhome, Chennai.
2.The District Registrar, Villupuram, Villupuram District.
3.The Sub Registrar, Arangandanallur, Villupuram District.
4.Kaliyamurthy Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 to 3 to register and release the Sale deed dated 17.3.2025 pending document in P.No.11/2025 in respect of 3/4th Undivided share, covered in Patta No.376 , in the Punjai lands measuring 41.50 Ares in Survey No.153/5C of Aalambadi village, Thirukoilur Taluk, Villupuram District.
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For Petitioner(s) : Mr.S.Senthilnathan For Respondent(s) : Mr.U.Baranidharan 1 to 3 Special Government Pleader
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the Respondent 4 is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus to direct the respondents 1 to 3 to register and release the Sale deed dated 17.3.2025 pending document in P.No.11/2025 in respect of 3/4th undivided share, covered in Patta No.376, in the Punjai lands comprised in Survey No.153/5C, measuring an extent of 41.50 Ares situated in Aalambadi village, Thirukoilur Taluk, Villupuram District.
3.It is the case of the petitioner that the land comprised in Survey No.153/5C, measuring an extent of 41.50 ares belonged to the petitioner's mother Pachaiammal. It is further submitted that petitioner's mother died on 22.11.2005 leaving behind two sons Kaliyamurthy, Pavadai and two daughters viz., petitioner and Angammal as legal heirs. It was further stated that as per Hindu 2/6
Succession Act, each of the aforesaid legal heirs are entitled to 1⁄4 th share of the subject property. While so, Pavadai died on 24.10.2012 and Angammal died on 03.12.2019, the said Kuppammal along with other legal heirs of Pavadai and legal heirs of Angammal had executed a sale deed dated 17.03.2025 in respect of the 3/4th undivided share in favour of petitioner's son Jayamani. 3.1. The learned counsel for petitioner would submit that the sale deed dated 17.03.2025 has not been registered by the 3rd respondent, it is stated that they have also paid the necessary registration charges. Aggrieved, the petitioner has approached this Court by way of this writ petition.
4. At the outset, the learned counsel for respondent would submit that there was a protest letter alleging fraud and forgery in respect of certain documents which constituted basis for the sale deed dated 17.03.2025, the photocopy of the same is attached hereunder:
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5. Mr.U.Baranidharan, learned Special Government Pleader for respondents would submit that a copy of the protest letter would be provided to the petitioner within a period of three (3) weeks from the date of receipt of a copy of this order and appropriate orders would be passed after hearing the petitioner.
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6. In view thereof, the writ petition stands disposed of with a direction to the appropriate respondent to provide a copy of protest letter to the petitioner within a period of three (3) weeks from the date of receipt of a copy of this order. The concerned respondent shall register sale deed, if it is otherwise in order, and release the same after affording the petitioner, 4th respondent and other interested parties a reasonable opportunity of hearing. If for any reason, the concerned respondent is rejecting the petitioner's request, they may do so after assigning appropriate reasons. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law. No costs.
10.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 5/6
MOHAMMED SHAFFIQ, J.
mka To:
1.The Inspector of General of Registration, Santhome, Chennai.
2.The District Registrar, Villupuram, Villupuram District.
3.The Sub Registrar, Arangandanallur, Villupuram District.
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