S.Sengalani v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:20.09.2019 Coram:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Writ Petition No.27907 of 2019 and W.M.P.No.27487 of 2019 1.S.Sengalani 2.S.Sathyanarayanan .. Petitioners /versus/ 1.State of Tamil Nadu represented by the Secretary to Government, Commercial Taxes and Registration Department, Secretariat, Fort St. George, Chennai 600 009.

2.The Collector, Kanchipuram Collectorate(Sub-office), Kanchipuram 631 501.

3.The Inspector General of Registration, No.100, Santhome High Road, Chennai 600 028.

4.The District Registrar Office Chennai(South), No.9, Jeenis Road, 2nd Floor, Saidapet, Chennai 600 015.

5.The Tahsildar, Zonal Office, Express Highway, 120, Rajiv Gandhi IT Expressway, Sholinganallur, Chennai 600 119.

6.The Sub-Registrar, Pallavaram, 7th Main Road, New Colony, Chrompet, Chennai 600 044.

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7.The Village Administrative Officer, Nanmangalam, Behind Nanmangalam Panchayat Office, Elumalai Salai, Nanmangalam, Chennai 600 017.

.. Respondents Writ Petition is filed under Article 226 of the Constitution of India seeking Writ of Mandamus directing the 6th respondent to record the judgment and decree dated 26.11.2018 passed in O.S.No.29 of 2018 on the file of the Principal District Judge, Kancheepuram at Chenglepet and judgment and decree dated 26.04.2019 passed in O.S.No.309 of 2018 on the file of the SubJudge, Tambaram in the encumbrance register in respect of the petition mentioned schedule property.

For Petitioner :Mr.Prakash Goklaney For Respondents:Mr.N.Inbanathan, AGP for R1 to R5 Mr.M.Thamizharasan, GA for R6 ----

O R D E R

By consent, the writ petition is taken up for final disposal, at the admission stage itself.

2. Heard Mr.Prakash Goklaney, learned counsel appearing for the petitioner and Mr.N.Inbanathan, learned Additional Government Pleader, who takes notice for respondents 1 to 5 and Mr.M.Thamizharasan, learned Government Advocate, who takes notice for the 6th respondent. Perused the records.

3. The prayer sought for in the writ petition is to issue a Writ of Mandamus directing the 6th respondent to record the judgment and decree dated 26.11.2018 passed in O.S.No.29 of 2018 on the file of the Principal District Judge, Kancheepuram at Chenglepet and judgment and decree dated 26.04.2019 passed in O.S.No.309 of 2018 on the file of the Sub-Judge, Tambaram in the encumbrance register in respect of the petition mentioned schedule property.

4. The petitioner seeks registration of the decree and judgment passed by the competent civil Court, but there is no material to indicate that he has presented the judgment and decree before him.

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5. According to the learned counsel appearing for the petitioner, he has made several representation through post to the 6th respondent. Despite the representation, the 6th respondent has not registered the judgment and decree.

6. The learned Government Advocate appearing for the 6th respondent would submit that till date the petitioner has not produced the original decree and judgment for registration along with other necessary documents and registration fee. If the petitioner appears before the Sub Registrar and present the original documents with necessary fee, the same will be considered.

7. Recording the said submissions of the learned Government Advocate appearing for the 6th respondent, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ari To:

1.The Secretary to Government, Commercial Taxes and Registration Department, Secretariat, Fort St. George, Chennai 600 009.

2.The Collector, Kanchipuram Collectorate(Sub-office), Kanchipuram 631 501.

3.The Inspector General of Registration, No.100, Santhome High Road, Chennai 600 028.

4.The District Registrar Office Chennai(South), No.9, Jeenis Road, 2nd Floor, Saidapet, Chennai 600 015.

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5.The Tahsildar, Zonal Office, Express Highway, 120, Rajiv Gandhi IT Expressway, Sholinganallur, Chennai 600 119.

6.The Sub-Registrar, Pallavaram, 7th Main Road, New Colony, Chrompet, Chennai 600 044.

7.The Village Administrative Officer, Nanmangalam, Behind Nanmangalam Panchayat Office, Elumalai Salai, Nanmangalam, Chennai 600 017.

copy to:

1.The Principal District Judge, Kancheepuram.

2.The Sub Judge, Tambaram.

+1cc to Government Pleader SR.NO. 81921 +2cc to Mr.Prakash Goklaney, Advocate sr.81081 W.P.No.27907 of 2019 rv(co) nr 01/11/2019 4/7