Mrs.G.Mythili v. The District Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 18.07.2016
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.Nos.24737 to 24739 of 2016 Mrs.G.Mythili ... Petitioner in W.P.No.24737/2016 Mrs.K.Aandal ... Petitioner in W.P.No.24738/2016 Dr.B.Arunkumar ... Petitioner in W.P.No.24739/2016 Vs.
1.The District Registrar, Office of District Registrar, Villupuram, Villupuram District.
2.The Sub Registrar, Ananthapuram Sub Registrar Office, Ananthapuram Village, Gingee Taluk, Villupuram District.
... Respondents in all W.Ps'.
Writ Petitions filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus directing the 1st respondent to dispose of the petitioner appeal Na.Ka.No.2072/AA1/2016, Na.Ka.No.2073/AA1/2016 and Na.Ka.No.2074/AA1/2016 respecitvely dated 18.03.2016 on merits and in accordance with law within a stipulated time. For Petitioner : Mr.N.Naganathan For Respondents: Mr.R.A.S.Senthilvel, Additional Government Pleader.
----- COMMON ORDER By consent, these writ petitions are taken up for final disposal.
2. The petitioners intend to purchase the land with building comprised in Old S.No.1/45, New S.Nos.36/1, 36/2 and 37/11, admeasuring to an extent of 38016 sq. ft, 5073 sq. ft. and 3344 sq. ft. respectively situated at Ananthapuram Village, Gingee Taluk, Villupuram District and after execution of the sale deed, the legal heirs of late R.Desu Reddiar have no right or title whatsoever and when the petitioners presented the documents for registration before the second respondent, it was refused to register on the ground that A.S.No.9 of 2016 is pending on the file of Sub Court, Gingee. According to the petitioners, mere pendency of appeal in the absence of any interim order, is not a bar for registration of document and in this regard, they also filed appeals before the first respondent invoking Section 72 of the Tamil Nadu Registration Act, 1908 and since the said appeals have not been disposed of, came forward to file these writ petitions.
3. Heard the submissions of Mr.N.Naganathan, learned counsel appearing for the petitioners and Mr.R.A.S.Senthilvel, learned Additional Government Pleader, who accepts notice on behalf of the respondents.
4. Though the petitioners prayed for the larger relief, this Court, in the light of the facts and circumstances and without going into the merits of the same, directs the first respondent to consider and dispose of the petitioners' appeal memorandum dated 18.03.2016 in accordance with law, after putting on notice the persons concerned and pass orders within a period of four weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners as well as to the persons concerned.
These Writ Petitions are disposed of accordingly. No costs.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar vsm
To 1.The District Registrar, Office of the District Registrar Villupuram, Villupuram District 2.The Sub-Registrar Ananthapuram Sub Registrar Office Ananthapuram Village, Gingee Taluk, Villupuram District +3 ccs to mr.N.Naganathan Advocate sr.40102 +1 cc to Government Pleader High Court Madras sr 40645 Writ Petition Nos.24737 to 24739 of 2016 aa21/07/2016