M.Murugesan v. Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM M.Murugesan ... Petitioner Vs.

1.The Inspector General of Registration, Santhome High Road, Mylapore, Chennai - 600 004.

2.The District Registrar, Kancheepuram Registration District, Kancheepuram.

3.The Sub Registrar, Sriperumbudur, Kancheepuram District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third respondent herein to register the release deed dated 26.07.2023 kept as pending Doc.No.264/2023 in the office of the Sub-Registrar, Sriperumbudur and release the same to the petitioner.

For Petitioner : Mr.V.P.Sengottuvel, Senior Counsel, for Mr.M.Lenin For Respondents : Mr.G.Krishna Raja Additional Government Pleader.

O R D E R

The relief sought for in the present writ petition is to direct the third respondent herein to register the release deed dated 26.07.2023 kept as pending Doc.No.264/2023 in the office of the Sub-Registrar, Sriperumbudur and release the same to the petitioner.

2. The learned Senior Counsel after elaborately arguing this case for a considerable length of time, made a submission that the petitioner may be permitted to withdraw the writ petition.

3. The learned Additional Government Pleader furnished a copy of the written instructions given by the Sub Registrar, Sriperumbudur in letter dated 31.08.2023 stating that one portion of the subject property has already been registered on behalf of two different persons. When the subject property already stands in the name of the other persons, the Sub Rgistrar is

empowered to refuse the registration of the release deed presented by the petitioner for registration.

4. The learned Senior Counsel states that the property stands in the name of the petitioner.

5. If that being the factum, the petitioner has to take steps to declare the fraudulent document, if any as null and void and thereafter, may present the document for registration.

6. In view of the submission that the petitioner has chosen to withdraw the writ petition, no further adjudication is required in respect of the other grounds raised. Accordingly, the writ petition stands dismissed as withdrawn. No costs.

04.09.2023 nl Index:Yes Speaking order

To 1.The Inspector General of Registration, Santhome High Road, Mylapore, Chennai - 600 004.

2.The District Registrar, Kancheepuram Registration District, Kancheepuram.

3.The Sub Registrar, Sriperumbudur, Kancheepuram District.

S.M.SUBRAMANIAM, J.

nl 04.09.2023