T.Rukmani v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2021

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.19718 of 2021 T.Rukmani ... Petitioner Vs

1. The District Registrar, Registration Department, Tiruppur,

2. The Joint Sub Registrar II, Tiruppur Sub Registrar Office, Tiruppur.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Tiruppur,

4. A/M.Visweswara Swamy and Veeraragava Perumal Temple, Rep.by its Executive Officer, Easwaran Kovil Street, Tiruppur, [R-4 impleaded vide order dated 07.12.2021 made in W.M.P.No.27104 of 2021 in W.P.No.19718/2021] ... Respondents 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 settlement deed dated 11.02.2021 (Pending Doc.No.3/2021) and release the same forthwith by considering the title conveyed through various sale deeds in respect of the house-site measuring 1780 1⁄4 bearing Site No.23 in Somu layout bearing T.S.No.6, Ward O, Block 10, Tiruppur Town corresponding to Old S.Nos.287 and 289, Tiruppur Village,

For Petitioners :Mr.N.Manokaran For Respondents :Mr.Yogesh Kannadasan Special Government Pleader (for R1 & R2) :Mr.Chandrasekar Special Government Pleader (HR & CE) (for R3) Mrs.G.Sumitra for R4

ORDER

This writ petition is filed to issue a Writ of Mandamus, to direct the second respondent to register the settlement deed dated 11.02.2021 (Pending Doc.No.3/2021) and release the same forthwith by considering the title conveyed through various sale deeds in respect of the house-site measuring 1780 1⁄4 bearing Site No.23 in Somu layout bearing T.S.No.6, Ward O, Block 10, Tiruppur Town corresponding to Old S.Nos.287 and 289, Tiruppur Village,

2. The petitioner's brother had executed a settlement deed dated 11.02.2021 settling the property to an extent of 1780 sq.ft comprised in old S.F.Nos.287 and 289, now T.S.No.6 in Ward O, Block 10 in Somu Layout, Tiruppur, Tiruppur Town and presented for registration before the second respondent. However, it is kept pending as Pending Document No.3/2021, on the objections raised by the fourth respondent herein.

3. Considering the above facts and circumstances of the case, the second respondent is directed to conduct enquiry as contemplated under Section 22A of the Registration Act, after issuance of notice to the petitioner and the fourth respondent and after giving an opportunity of hearing to them, pass orders on merits and in accordance with law either register the said settlement deed or reject the same, within a period of four weeks from the date of receipt of a copy of this order.

4. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CCC) // True Copy // Sub Assistant Registrar

kv To

1. The District Registrar, Registration Department, Tiruppur,

2. The Joint Sub Registrar II, Tiruppur Sub Registrar Office, Tiruppur.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Tiruppur,

4. The Executive Officer, A/M.Visweswara Swamy and Veeraragava Perumal Temple, Easwaran Kovil Street, Tiruppur, +1cc to Mr.N.Manokaran, Advocate SR.No.68529 +1cc to Mrs.G.Sumitra, Advocate SR.No.68399 +1cc to the Government Pleader, SR.No.69039 W.P.No.19718 of 2021 PM(CO) CB(03/01/2022)