J.Duraibabu v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR J.Duraibabu .. Petitioner
Versus
1.The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai, Tamil Nadu -600 028.
2.The Sub Registrar, Office of the Sub-Registrar, Walajahbad.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to register the lease agreement pending Doc.No.P200/2023dated 24.04.2023 on th file of the second respondent in accordance with law. For Petitioner : Mr.B.Ravi For Respondents : Mr.L.S.M.Hasan Fizal, Additional Government Pleader
ORDER
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Writ Petition has been filed seeking to issue a direction to the second respondent to register the lease agreement pending Doc.No.P200/2023 dated 24.04.2023 on the file of the second respondent in accordance with law. 2.Heard both sides and perused the materials placed on record. 3.By consent of both parties, the main writ petition itself is taken up for final disposal.
4. It is the case of the writ petitioner that the property in survey No.190/28(49/3) measuring about 4050sq.mts., was originally purchased by the grandfather of the petitioner. After his demise, the petitioner's father became entitled to the said property. Thereafter, the property was divided by metes and bounds through a partition deed dated 04.12.2003 and the petitioner and his brother became the owners of the said property. Originally the property was the subject matter of the notification in G.O.Ms.No.191 Industries (SIPCOT-L.A.) and No.II(2)/IND/360(C15)/2007 dated 04.07.2007 and the Government of Tamil Nadu has initiated proceedings and acquired lands under the Tamil Nadu Acquisition of Lands for Industrial Purposes Act, 1997. The said acquisition has been challenged in W.P. No.30256 of 2007 and the same was dismissed on 03.06.2008. However, writ appeal filed in W.A. No.781 and 2/5
782 of 2008 etc., batch was allowed in favour of the petitioner by the Division Bench of this Court vide common judgment dated 29.04.2011 and the entire land acquisition proceedings have been quashed. The Government had filed SLP(Civil) No.27213-27220/2021 before the Apex Court and the same was dismissed on 14.11.2011. Now the petitioner has executed a sale deed in favour of M/s Muthoot Finance Limited and when the document was sought to be registered after paying necessary fees, it has been kept pending. 5.The learned Additional Government Pleader appearing for the respondents would submit that he sought instructions from the SIPCOT to find out whether the acquisition is still in their favour.
6. Learned counsel for the petitioner has also produced a copy of the Division Bench order in W.A.No.781 of 2008 etc., batch dated 29.04.2011, wherein acquisition proceedings has been quashed.
7. It is also brought to the notice of this Court the proceedings of the Tahsildar, Kundrathur dated 14.12.2023, in which, the judgment of Division Bench has been referred even in the year 2023 itself. When the petitioner has produced all the documents, still keeping the document pending on the ground of clarification with SIPCOT cannot be permitted. Therefore, the second 3/5
respondent is directed to register the document within a period of one week from the date of receipt of a copy of this order. 8.The writ petition stands disposed of accordingly. No costs. 12.07.2024 raa Internet :Yes/No Internet : Yes/No : Yes/No To 1.The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai, Tamil Nadu -600 028.
2.The Sub Registrar, Office of the Sub-Registrar, Walajahbad.
N. SATHISH KUMAR, J.
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