P.Sudha, v. The Joint Ii Sub Registrar Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.22397 of 2016 1.P.Sudha 2.Praveenkumar ... Petitioners Vs.

1.The Joint II Sub Registrar of Tiruppur Office of the Joint II Sub Registrar, Tiruppur 641 652.

2.The Executive Officer, Arulmighu Visveswarasamy and Veeraraghavaperumal Temples, Tiruppur Town, Tiruppur Dist.641 604.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent namely The Joint II Sub Registrar of Tiruppur to release the sale deed dated 15.06.2015 executed by 2nd petitioner, in favour of the 1st petitioner which is being kept as pending document No.P.201500051 in the office of the Joint II Sub Registrar of Tiruppur within a time to be stipulated by this Hon'ble Court. For Petitioners : Mr.N.E.A.Dinesh For Respondents : Mr.R.Vijayakumar for R1 Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The first petitioner would state that the second petitioner had executed a sale deed dated 15.06.2015, in her favour for a sale consideration of Rs.9,28,000/- in respect of the land admeasuring 600sq.ft in re-survey patta no.4985, T.S.No.95, Block No.11 T.S.ward G in Tiruppur and she also paid the stamp duty of Rs.68,000/- and the sale deed was presented

before the first respondent for registration on 15.06.2015 after remitting the registration fees. The first respondent without registering, keeping the sale deed as pending document in No.201500051 and also made an endorsement that no objection certificate from the Hindu Religious and Charitable Endowments have to be produced.

3.Mr.N.E.A.Dinesh, learned counsel appearing for the petitioners would submit that the property in question was purchased by one Palaniammal through a registered sale deed and she also put up a superstructure and is in possession and enjoyment of the same and thereafter, she executed a registered settlement deed in favour of her grandson/ the second petitioner herein and he executed the sale deed in favour of the first petitioner and therefore, there is no cloud on the title and as such, there cannot be any impediment on the part of the first respondent to register the sale deed in favour of the first petitioner and prayed for appropriate orders. 4.This Court also heard the submissions of Mr.R.Vijayakumar, learned Additional Government Pleader, who accepts notice on behalf of the first respondent.

5.Though the petitioner prayed for a larger relief, this Court in the light of the above facts and circumstances, directs the first respondent to issue notice to the petitioners as well as to the second respondent, fixing a particular date of hearing and after hearing them, shall pass orders, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6.The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar pri

To 1.The Joint II Sub Registrar of Tiruppur Office of the Joint II Sub Registrar, Tiruppur 641 652.

2.The Executive Officer, Arulmighu Visveswarasamy and Veeraraghavaperumal Temples, Tiruppur Town, Tiruppur Dist.641 604.

W.P.No.22397 of 2016 ctk[co] kr/15.7.