Madras High CourtWP/8245/2016disposed of

N.S.Ramachandran v. The I.G.Of Registration

2019-02-07Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.02.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.8245 of 2016 N.S.Ramachandran .. Petitioner Vs.

1.The I.G. of Registration, Santhome, Chennai - 600 005.

2.The Sub Registrar, Arani, Uthukottai Taluk, Thiruvallur District.

3.Master A.H.Adithya, Represented by his father and natural guardian T.C.Harinath, Door No.15, Plot No.373, 4th Main Road, M.K.B.Nagar, Vyasarpadi, Chennai 600 039.

.. Respondents (R3-impleaded as per order dated 01.06.2017, in W.M.P.No.10267/2016 in W.P.No.8245/2016) PRAYER : Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to release the registered sale deed registered as Doc.No.7797 of 2013 on the file of the Sub Registrar Office, Arani dated 24.09.2013.

For Petitioner : Mr.T.K.S.Bharathy Anandraj For R1 & R2 : Mr.T.M.Pappiah, Special Government Pleader For R3 : Mr.V.Raghavachari

O R D E R

This writ petition has been filed seeking a direction to the second respondent to release the registered sale deed registered as Doc.No.7797 of 2013 on the file of the Sub Registrar Office, Arani dated 24.09.2013.

2. The third respondent is subsequently impleaded in the https://hcservices.ecourts.gov.in/hcservices/

writ petition on 01.06.2017 in W.M.P.No.10267 of 2016.

3. The case of the writ petitioner is that he had purchased 3/4th share of the property from one S.Kasthuri and two of her sons Badrinath and Ravindranath. The impleaded party has got 1/4th share in the property, which he got settled by his father by virtue of settlement deed. It is stated by the petitioner that the document presented for registration was registered as Doc.No.7797 of 2013 on 24.09.2013. The said document is kept pending with the second respondent without releasing the same to the petitioner. Hence, the petitioner is before this Court.

4. Heard the learned counsel appearing on both sides.

5. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the case, directs the second respondent to release the document, if there is no impediment for doing so, within a period of four weeks from the date of receipt of a copy of this order. The case of the third respondent is that 1/4 of the undivided share belongs to him. It is open to the parties to go before the Civil Court and get the same divided.

6. With the above directions, the writ petition is disposed of. No Costs.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar rsi To 1.The I.G. of Registration, Santhome, Chennai 600 005.

2.The Sub Registrar, Arani, Uthukottai Taluk, Thiruvallur District.

+1cc to Mr.V.Rahavachari, Advocate, S.R.No. 10662 +2cc to Mr.T.K.S.Bharath Anandraj, Advocate, S.R.No. 10721 +1cc to the Government Pleader, S.R.No. 11898 W.P.No.8245 of 2016 SV(CO) GN(08/03/2019) https://hcservices.ecourts.gov.in/hcservices/