Madras High CourtWP/26992/2016disposed of

G.Gopu v. The Sub Rgistrar Neelangarai

2017-06-01Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.06.2017

CORAM

THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.26992 of 2016 G.Gopu ... Petitioner v.

The Sub Registrar-Neelangarai, Kazhura Garden, Neelangarai, Chennai - 600 041.

... Respondent Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondent to register the Settlement Deed dated 02.05.2016 within a reasonable period as may be fixed by this Court. For Petitioner : Mr.P.Sam Japa Singh For Respondent : Mr.A.N.Thambidurai Special Govt. Pleader

O R D E R

The petitioner has filed the above writ petition to issue a Writ of Mandamus, directing the respondent to register the Settlement Deed dated 02.05.2016 of the petitioner in favour of his father, within a reasonable period.

2. It is the case of the petitioner that originally, the petitioner's father, viz., Govindhasamy, executed a settlement deed dated 02.05.2016 in favour of the petitioner. By virtue of the settlement deed dated 06.02.2004, the petitioner has become the absolute owner of the property, therefore, he is entitled to settle the property in favour of his father. Accordingly, the petitioner executed the Settlement Deed dated 02.05.2016 in favour of his father, however, the respondent has not registered the same.

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3. Mr.A.N.Thambidurai, learned Special Government Pleader, appearing for the respondent submits that since the petitioner is legally entitled to execute the settlement deed, the respondent may be directed to register the same, if the petitioner has paid the necessary stamp duty and other charges, in accordance with law.

4. Accordingly, I direct the respondent to register the Settlement Deed dated 02.05.2016 executed by the petitioner in favour of M.Govindhasamy, on payment of necessary stamp duty and registration charges , if not already paid, within a period of two weeks, from the date of receipt of a copy of this order. 5.With this observation, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar Rj To The Sub Registrar-Neelangarai, Kazhura Garden, Neelangarai, Chennai - 600 041.

+1cc to P.Sam Japa Singh, Advocate Sr.39510 +1cc to the Government Pleader Sr.39577 W.P.No.26992 of 2016 srg 08/06/2017 https://hcservices.ecourts.gov.in/hcservices/