R.Dhanalakshmi v. The Sub Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR R.Dhanalakshmi ... Petitioner Vs.
1.The Sub Collector, Dharmapuri District, Collector Office Compound, Dharmapuri - 636 705.
2.The District Adhi Dravidar Welfare Officer, Dharmapuri District, Collector Office Compound, Dharmapuri - 636 705.
3.The Special Tahsildar (Adhi Dravidar Welfare), Dharmapuri District, Collector Office Compound, Dharmapuri - 636 705.
4.The Tahsildar, Dharmapuri District, Taluk Office Compound, Dharmapuri - 636 701.
5.The Joint-I Sub Registrar, Office of the Sub Registrar, Integrated Complex, Salai Vinayagar Koil Road, Near to Dharmapuri Taluk Office Campus, Dharmapuri.
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... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing 5th respondent to register the deeds pertaining to the Plot No.50, in Survey No.286, at A.Reddihalli Village, Dharmapuri Taluk and District based on the NÓC issued by the 2nd respondent bearing Proc. No.15547/2020/Y-8, dated 16.08.2023. For Petitioner : Mr.M.Vijay Anand For Respondent : Mr.P.Sathish Additional Government Pleader
O R D E R
The petitioner herein seeks a direction to the 5th respondent to register the document presented for registration pertains to Plot No.50, in Survey No.286, at A.Reddihalli Village, Dharmapuri Taluk and District, in the light of the No Objection Certificate issued by the second respondent in Proceedings No. 15547/2020/Y-8, dated 16.08.2023.
2. According to the petitioner, the above mentioned property was allotted to petitioner's father viz., Govindasamy on 15.05.1986 and he had been in possession and enjoyment of the property till his lifetime. After 2/6
death of petitioner's father, the petitioner and other family members wanted to divide the property. It is stated by the petitioner that in order to develop the property, the petitioner obtained No Objection Certificate from the second respondent as the period mentioned in the assignment in favour of the petitioner is already over. The No Objection Certificate issued by the second respondent is also enclosed in the typed set of papers. After death of the father of petitioner, the other legal heirs of petitioner's father executed a release deed in favour of the petitioner and the same was presented for registration. The 5th respondent has not considered the document presented for registration inspite of the fact that the petitioner submitted No Objection Certificate issued by the second respondent. Therefore, the petitioner has come before this Court.
3. The learned Special Government Pleader, who is taking notice for the respondents would submit that if the release deed mentioned by the petitioner is presented for registration before the 5th respondent, the same will be considered in accordance with law. 3/6
4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the petitioner to present the document for registration before the 5th respondent and the 5th respondent shall consider the same and take final decision with regard to the registration of the document within a period of two weeks from the date of submission of the document by the petitioner.
5. Accordingly, this writ petition is disposed of. No costs. 06.09.2024 Index : Yes/No Speaking order:Yes/No ub 4/6
To 1.The Sub Collector, Dharmapuri District, Collector Office Compound, Dharmapuri - 636 705.
2.The District Adhi Dravidar Welfare Officer, Dharmapuri District, Collector Office Compound, Dharmapuri - 636 705.
3.The Special Tahsildar (Adhi Dravidar Welfare), Dharmapuri District, Collector Office Compound, Dharmapuri - 636 705.
4.The Tahsildar, Dharmapuri District, Taluk Office Compound, Dharmapuri - 636 701.
5.The Joint-I Sub Registrar, Office of the Sub Registrar, Integrated Complex, Salai Vinayagar Koil Road, Near to Dharmapuri Taluk Office Campus, Dharmapuri.
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S.SOUNTHAR, J.
ub 06.09.2024 6/6