Madras High CourtWP/26633/2022disposed of

Stella v. Inspector General Of Registration

2022-09-30Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.No.25680 of 2022 Stella .. Petitioner

Versus

1.The Inspector General of Registration 100, Santhome High Road, Mullima Nagar Mandavelipakkam, Raja Annamalai Puram Chennai - 600 028 2.The Sub Registrar Triplicane Sub Registrar Office No.182, Bharathi Sali (Pycrofts Road) Royapettah, Chennai - 600 014 .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first and second respondent to consider the representation of the petitioner dated 22.09.2022 aqnd not to accept for registration any document presented by any person other than the petitioner and her sisters together in respect of the property situated at Old Survey No.375/133, Triplicane Village, bearing Old No. 74/New No.78, General Patters Road, Chennai - 600 002 (Govind Palace). For Petitioner : Mr.V.P.K.Gowtham For Respondents : Mr.E.Vijay Anand Additional Government Pleader

ORDER

This writ petition is filed seeking for the issuance of Writ of Mandamus to direct the first and second respondent to consider the representation of the 1/4

petitioner dated 22.09.2022 aqnd not to accept for registration any document presented by any person other than the petitioner and her sisters together in respect of the property situated at Old Survey No.375/133, Triplicane Village, bearing Old No. 74/New No.78, General Patters Road, Chennai - 600 002 (Govind Palace).

2. The case of the petitioner is that the subject property situated in Old Survey No.375/133, Triplicane Village, bearing Old No. 74/New No.78, General Patters Road, Chennai - 600 002 (Govind Palace) belonged to her late mother namely Mrs.A.Sundari by virtue of a registered will dated 22.04.1975 and Probate granted by this Court in O.P.No.368 of 1997 dated 09.02.1999. However, certain trespassers are creating disturbance in the subject property and is trying to alienate in favour of third parties. Hence, the petitioner made representation to the 22.09.2022 to the respondents seeking non registrance of the documents over the subject property from the third parties, which is pending without consideration till date. Hence, this petition.

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

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4. Considering the facts and circumstances of this case and having regard to the submissions of the learned counsel, this Court directs the respondents to consider the petitioner's representation dated 22.09.2022 and pass appropriate order on merits and in accordance with law after providing opportunity of hearing to the petitioner as well as any other interested parties, within a period of four weeks from the date of receipt of copy of this order.

5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 30.09.2022 dhk Index:Yes/No Internet: Yes/No To 1.The Inspector General of Registration 100, Santhome High Road, Mullima Nagar Mandavelipakkam, Raja Annamalai Puram Chennai - 600 028 2.The Sub Registrar Triplicane Sub Registrar Office No.182, Bharathi Sali (Pycrofts Road) Royapettah, Chennai - 600 014 3/4

M.DHANDAPANI, J.

dhk W.P.No.26633 of 2022 30.09.2022 4/4