A. Karthik Kumar v. The Inspector General Of Registration,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2021

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.NO.17869 OF 2019 Mr.A.Karthik Kumar

...Petitioner

Vs.

1.The Inspector General of Registration, 1st Line Beach, Santhome, Chennai - 600 009.

2.The Collector, Villupuram District.

3.The Joint II Sub-Registrar, Thiru Vi.Ka. Road, Villupuram Taluk & District.

...Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a a writ of Mandamus or any other appropriate writ order of direction in the nature of such writ directing the respondents 1 and 2 to consider the petitioner dated 16.04.2019 submitted by the petitioner and order the 3rd respondent to register the Settlement Deed dated 19.02.2019 with regard to the property 60 cents (0.24.5 Ares) in Wet S.No.568/8 in Panampattu Village, of Villupuram Taluk and registry and thereby pass appropriate orders accordingly.

For Petitioner ::

Mr.S.Srinath For Respondents ::

Mr.V.Veluchamy (Government Advocate)

O R D E R

The relief sought for in this Writ Petition is for a direction to the respondents 1 and 2 to consider the petitioner dated 16.04.2019 submitted by the petitioner and order the 3rd respondent to register the Settlement Deed dated 19.02.2019 with regard to the property 60 cents (0.24.5 Ares) in Wet S.No.568/8

in Panampattu Village, of Villupuram Taluk and registry and thereby pass appropriate orders accordingly.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents as well as perused the material available on records.

3.Having considered the facts and circumstances of the case and submissions made by the learned counsel on either side, it is seen that the alleged property is said to have been sold by one Vijayakumar to Balakrishnan on 04.05.2005 even though the petitioner's father namely, Arunachalam has right, title and interest of the said property and therefore, the 3rd respondent has refused to register the Settlement Deed executed by the petitioner claiming as legal heirs of the deceased Arunachalam. Despite the petitioner has submitted a representation dated 16.04.2019 before the respondents since then nothing happened and no action was taken on the said representation.

Under such circumstances, the petitioner herein is directed to give a fresh representation to the 2nd respondent within a period of two weeks from the date of receipt of copy of this order and after receipt of the representation of the petitioner, the 2nd respondent shall conduct an enquiry in this regard and pass appropriate orders on the enquiry within a period Six months in accordance with law from the date of receipt of the representation having made appropriate directions to the 3rd respondent accordingly. After receipt of the order from the 2nd respondent, the 3rd respondent shall comply the said order accordingly.

4.With the aforesaid directions, the Writ petition is disposed of. Consequently, connected miscellaneous petition is closed if any.

Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar Lbm To:

1.The Inspector General of Registration, 1st Line Beach, Santhome, Chennai - 600 009.

2.The Collector, Villupuram District.

3.The Joint II Sub-Registrar, Thiru Vi.Ka. Road, Villupuram Taluk & District.

W.P.No.17869 of 2019 JPL(CO) RVM(28/12/2021)