← Library
Madras High CourtWP/20603/2023allowed

C.S.Umai Maimuna v. Inspector General Of Registration

2024-06-11Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2024

CORAM

THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR 1.C.S.Umai Maimuna 2.C.S.Umai Zainab 3.C.S.Umai Habiba

4. C.S.Mohammed Usman

5. C.S.Umai Salma 6.C.S.Umai Kulsum .. Petitioners Vs 1.The Inspector General of Registration No.100, Santhome High Road R.A.Puram, Chennai 600 028 2.The Deputy Inspector General of Registration Veppamara Salai Velppadi, Vellore Region 632 001 3.The District Registrar (Administration) (In the capacity of Assistant Inspector General of Registration) O/o.The District Registrar Vellore Fort Complex Vellore 632 004 4.The Sub Registrar Pernampet No.12, Pandian Street Thiru Vi. Ka. Road Pernampet, Vellore 635 810 .. Respondents 1/4

Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 3rd respondent to consider the representation of the petitioner dated 17.04.2022 and issue necessary orders to the 4th respondent to register the partition deed dated 17.02.2022. For Petitioner : Mr.G.Gopalakrishnan For Respondents : Mr.L.S.M.Hasan Fizal Additional Government Pleader

O R D E R

With the consent of both sides, the Writ Petition is taken up for final disposal at the admission stage itself.

2. Seeking a direction to the 3rd respondent to consider the petitioners representation dated 17.04.2022 and issue necessary orders to the 4th respondent to register the partition deed dated 17.02.2022, this writ petition has been filed.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials placed on record.

4. When the Partition Deed dated 17.02.2022 presented by the petitioner 2/4

for registration, the same was refused by the 4th respondent, on the ground that in order to ascertain whether the judgment of the High Court is final and also to obtain opinion from the Government Advocate.

5. The very reason assigned by the 4th respondent in the refusal slip itself indicates that the Department officials have no regard to law and they do not even know the fundamentals, whereas, they have been given such powers by way of circular orders. Taking cue from those circular orders, orders are being passed left, right and center, taking away the rights of the citizens of this country. Passing such orders cannot be sustained and therefore, the 4th respondent is directed to register the Partition Deed dated 17.02.2022 presented by the petitioner, within a week's time from the date of receipt of a copy of this order.

With the above direction, this writ petition is disposed of. No costs. 11.06.2024 gya Index : Yes/No To 1.The Inspector General of Registration No.100, Santhome High Road 3/4

R.A.Puram, Chennai 600 028 N.SATHISH KUMAR, J.

gya 2.The Deputy Inspector General of Registration Veppamara Salai Velppadi, Vellore Region 632 001 3.The District Registrar (Administration) (In the capacity of Assistant Inspector General of Registration) O/o.The District Registrar Vellore Fort Complex Vellore 632 004 4.The Sub Registrar Pernampet No.12, Pandian Street Thiru Vi. Ka. Road Pernampet, Vellore 635 810 11.06.2024 4/4