N.Nirmala Devi v. The Inspector General
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.10.2023
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN N.Nirmala Devi ...
Petitioner /vs/ 1.The Inspector General Registration No.100, Santhome High Road, Mylapore, Chennai - 600 004.
2.The Deputy Collector (Stamps) 5th Floor, Singaravelar Maligai, Rajaji Salai, Chennai - 600 001.
3.The District Registrar (South) District Registrar Office, Saidapet, Chennai.
4.The Sub Registrar, Tambaram Sub Registrar Office, No.49, Sabai Colony, Sembakkam, Rajakilpakkam, Chennai - 600 073.
5.The Sub Registrar, Selaiyur Sub Registrar Office, No.49, Sabai Colony Sembakkam, Rajakilpakkam Chennai - 600 073.
...
Respondents
PRAYER : The writ petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to declare the sale deed bearing No.9158/2006 dated 12.10.2006 registered before the 4th respondent as lapsed as per the principle contemplated in the Section 47(A3) of the Indian Stamp Act and consequently, directing the 4th and 5th respondents to remove all endorsements pertaining to 47-A of the Indian Stamp Act, created on the property in the sale deed document No.9158 of 2006 dated 12.10.2006 on the file of the 4th and 5th respondent based on the petitioner's representation dated 23.12.2022.
For Petitioner ... Mr.J.Kather Hussain For Respondents ... Mr.Yogesh Kannadasan Special Government Pleader
ORDER
This writ petition has been filed to issue a Writ of Mandamus directing the 2nd respondent to declare the sale deed bearing No.9158 of 2006 dated 12.10.2006, registered before the 4th respondent, as lapsed, as per the principles contemplated in Section 47-A(3) of the Indian Stamp Act and consequently, direct the 4th and 5th respondents to remove all endorsements pertaining to Section 47-A of the Indian Stamp Act, created on the property in the sale deed document No.9158 of 2006 dated 12.10.2006 on the file of the 4th and 5th respondents, based on the petitioner's representation, dated 23.12.2022.
2.The petitioner and her siblings had filed a suit in O.S.No.918 of 2012 on the file of the Additional District Munsif Court, Alandur, for declaration declaring the General Power of Attorney, vide Document No.601/2004 dated 21.12.04, the sale deed, vide Document No.4340/2005 dated 03.06.2005, sale deed, vide Document No.3129/2006 dated 15.03.2006, sale deed, vide Document No.5637/2006 dated 28.06.2006 and sale deed, vide Document No.9159/06 dated 12.10.2006 (Judgment amendment as per order in I.A.102/2020 dt.11.2.2020, ADM, Allandur) are all null and void, void ab initio and also for permanent injunction. Subsequently, the said suit was decreed as prayed for and the said decree was also registered on 07.01.2015, vide Document No.
121 of 2015 before the Sub Registrar Office, Selaiyur/the 5th respondent and the 5th respondent sent a Memorandum to the 4th respondent regarding cancellation of all the entries in the Encumbrance of the petitioner's property. Inadvertently, one of the documents had been omitted to be mentioned in the suit and the decree was also obtained and therefore, she made a representation to cancel the entry, but there was no positive response. Hence, the present writ petition has been filed.
3.Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the respondents and perused the materials available on record.
4.On a perusal of the materials, it is seen that the decree in O.S.No.918 of 2012 was registered on 07.01.2015, vide Document No.121 of 2015 before the Sub-Registrar Office, Selaiyur/5th respondent herein and the subject document was not found in the said decree and the factual aspects cannot be decided in the writ petition and the Registrar has no authority to declare the title or decide the civil dispute. 5.Under the above facts and circumstances, the writ petition is dismissed, with liberty to the petitioner to work out her remedy before the appropriate forum in the manner known to law. No costs. Index : Yes/No 31.10.2023 Speaking order:Yes/No sms
To 1.The Inspector General Registration No.100, Santhome High Road, Mylapore, Chennai - 600 004.
2.The Deputy Collector (Stamps) 5th Floor, Singaravelar Maligai, Rajaji Salai, Chennai - 600 001.
3.The District Registrar (South) District Registrar Office, Saidapet, Chennai.
4.The Sub Registrar, Tambaram Sub Registrar Office, No.49, Sabai Colony, Sembakkam, Rajakilpakkam, Chennai - 600 073.
5.The Sub Registrar, Selaiyur Sub Registrar Office, No.49, Sabai Colony Sembakkam, Rajakilpakkam Chennai - 600 073.
P.VELMURUGAN,J.
sms 31.10.2023