J.Soniya v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.25772 of 2016 J.Soniya ... Petitioner Vs.

The Sub-Registrar, Joint I SRO, Kancheepuram, Kancheepuram District.

... Respondent Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent herein to dispose of the petitioner's representation dated 28.06.2016 seeking release of her deed namely release deed bearing no.P201600065 presented to the respondent herein on 27.05.2016 without demanding any additional stamp duty.

For Petitioner : No appearance For Respondents : Mr.P.Sanjai Gandhi Additional Government Pleader

O R D E R

The petitioner would state that she got married to one M.B.Venkatacharulu during the year 2005 and her husband had died intestate on 27.12.2013 leaving behind the petitioner, her daughter namely, Harshini as his legal heirs. The petitioner would further state that prior to the marriage, the petitioner's father-in-law had bought certain properties in and around Kancheepuram out of which, the petitioner and her daughter is staying in no.58B/2, Lingappan Street, Kancheepuram and on his demise, his wife, daughter, son, daughter-in-law (petitioner) are the legal heirs. Subsequently, a release deed also came into being, wherein, the concerned legal heirs had executed release deed, dated 27.05.2016, releasing their right in favour of the petitioner's daughter.

2.The grievance expressed by the petitioner is that the document has been presented for registration and it is kept pending. The petitioner in this regard, has also submitted a representation on 28.06.2016, to the respondent praying to register the document and release the same and since no response is forthcoming, came forward to file this writ petition.

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3.The learned counsel appearing for the petitioner is absent. Heard the submissions of and Mr.P.Sanjai Gandhi, learned Additional Government Pleader who accepts notice on behalf of the respondent. 4.This Court taking into consideration, the limited scope of the prayer sought for by the petitioner and without going into the merits of the same, directs the respondent to consider and dispose of the petitioner's representation dated 28.06.2016 on merits and in accordance with law and pass orders, within a period of three weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

5.The writ petition is disposed of accordingly. No costs. o Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar To The Sub-Registrar, Joint I SRO, Kancheepuram, Kancheepuram District.

+1 cc to Mr.G.Mageshkumar, advocate,sr.41998 +1 cc to Govt.Pleader,sr.42123.

sv(co) krd 4/8 W.P.No.25772 of 2016 https://hcservices.ecourts.gov.in/hcservices/