M/S.Anisha Plastic v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.27299 of 2023 M/s.Anisha Plastic Rep by its Partner Highcourtraja S/o.Ramaramasami No.91, Sri Rajaganapathi Nagar Kundrathur, Kancheepuram - 600 069 ... Petitioner Vs 1.The Inspector General of Registration No.100, Santhome High Road Pattinapakkam, Chennai - 600 028 2.The Deputy Inspector General of Registration No.27/14, Veterinary Hospital Road Fanepet, Nandanam, Chennai - 600 035 3.The District Registrar No.10, Kancheepuram Main Road Chengalpattu - 603 002 4.The Sub Registrar Sriperumpudur Sub Registrar Office No.27, Chetty Street Sriperumpudur, Kancheepuram - 602 105 5.The Plot Development Officer (PDO) Page 1/6

PDO Office Road, Shanmuga Nagar Padappai, Kancheepuram 602 301 6.K.Nanmaran ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing respondents 1 to 5 to do fair verification of their records and conduct a fair enquiry and pass an order to rectify the schedule and other relevant entries related to the Gift Deed to remove the Survey Nos.546/1B, 546/1D, 546/2 belonging to the petitioner which are not included in the Real Value Nagar Phase-III DTCP approved Layout 48A/2000 and clear all encumbrances pertaining to petitioner's property as is applicable in this matter.

For Petitioner : Mr.S.Kasirajan For Respondent : Mr.B.Vijay Addl. Govt. Pleader for R1 to R4 No Appearance for R5 and R6

O R D E R

This writ petition has been filed for a direction to the respondents 1 to 5 to verify the records, conduct a fair enquiry and pass an order to rectify the schedule and other relevant entries related to the Gift Deed to remove Survey Page 2/6

Nos.546/1B, 546/1D, 546/2 belonging to the petitioner, which are not included in the Real Value Nagar Phase-III DTCP approved Layout 48A/2000 and clear all encumbrances pertaining to petitioner's property.

2. It is the case of the petitioner that they have purchased a total extent of 1 Acre 46 cents in Survey Nos.546/1D and 546/2 of Amarambedu village on 17.02.2020. However, when they approached the electricity department to obtain a service connection, at that time, the writ petitioner came to know that the property purchased by them is already settled in favour of the local body in the year 2008. Therefore, now the petitioner seeks to remove the survey numbers from that settlement deed, that too by the registering authorities to perfect the title of the writ petitioner.

3. At the outset, this court is of the view that the very relief sought in the writ petition is frivolous, misconceived and cannot be maintained. The very allegations in the representation indicate that the petitioner purchased the property, which has already been dealt with in the year 2008. The same clearly indicates that prior right has already been created and prior transaction already took place. Now, the submission of the learned counsel appearing for the Page 3/6

petitioner is that the numbers have been wrongly mentioned in the earlier document. Even if that be so, such correction cannot be rectified by the registering authority. It is for the petitioner to establish such fact before the competent civil court. Accordingly, I do not find any merit in the writ petition and the same deserves to be dismissed.

4. In the result, the writ petition is dismissed. However, there is no order as to costs.

18.06.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No Asr To 1.The Inspector General of Registration No.100, Santhome High Road Pattinapakkam, Chennai - 600 028 2.The Deputy Inspector General of Registration No.27/14, Veterinary Hospital Road Fanepet, Nandanam, Chennai - 600 035 3.The District Registrar No.10, Kancheepuram Main Road Chengalpattu - 603 002 Page 4/6

4.The Sub Registrar Sriperumpudur Sub Registrar Office No.27, Chetty Street Sriperumpudur, Kancheepuram - 602 105 5.The Government Pleader High Court, Madras N.SATHISH KUMAR , J.

Asr Page 5/6

W.P.No.27299 of 2023 18.06.2024 Page 6/6