← Library
Madras High CourtWP/27847/2019disposed of

Padma v. The Sub Registrar

2022-02-01Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.27847 OF 2019 Padma

...Petitioner

Vs The Sub Registrar, SRO, Ambattur, Ambattur, Chennai.

...Respondent

Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to register the General Power of Attorney dated 10.09.2019 executed by the petition and her children in favour of N.Ramakrishnan in respect of the property of an extent of 2952 sq.ft. comprised in S.No.529/1A, Patta No.375, situated at Athippattu Village, Ambattur Taluk, Thiruvallur District, release the same forthwith. For Petitioner :

Mr.S.P.Sudalaiyandi For Respondent :

Mr.Yogesh Kannadasan Special Government Pleader

ORDER

This writ petition has been filed for issuance of Writ of Mandamus, directing the respondent to register the General Power of Attorney dated 10.09.2019 executed by the petitioner and her children in favour of N.Ramakrishnan in respect of the property to an extent of 2952 sq.ft. comprised in S.No.529/1A, Patta No.375, situated at Athippattu Village, Ambattur Taluk, Thiruvallur District, release the same forthwith.

2. Heard, Mr.S.P.Sudalaiyandi, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents.

3. The case of the petitioner is that after demise of her husband K.Munusamy, the petitioner along with other legal heirs, are enjoying the subject property comprised in survey No.529/1A admeasuring 2952 sq.ft. under patta No.375 situated at https://hcservices.ecourts.gov.in/hcservices/

Athippattu Village, Ambattur Taluk, Thiruvallur District. In order to develop the said property, the petitioner, along with other legal heirs, executed a Power of Attorney in favour of one N.Ramakrishnan and the same was presented before the respondent for registration. However, it was refused to register the same.

4. A perusal of the counter filed by the respondent reveals that the General Power of Attorney was presented for registration, the respondent came to know from the earlier records that that lands were assigned through the assignment deed dated 17.08.1965 registered as document No.2220 of 1965. Hence, the respondent refused to register the General Power of Attorney dated 10.09.2019 executed by the petitioner and his son and daughter in favour of N.Ramakrishnan in respect of the property comprised in survey No.529/1A admeasuring 2952 sq.ft. under patta No.375 situated at Athippattu Village, Ambattur Taluk, Thiruvallur District.

5. Considering the above, the petitioner is directed to represent the Power of Attorney for registration before the respondent. On receipt of the document for registration, the respondent is directed to conduct enquiry, after giving an opportunity of hearing to the petitioner and the counter parties, if any, and pass orders on merits and in accordance with law either to register or to reject the same within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar Lpp To The Sub Registrar, SRO, Ambattur, Ambattur, Chennai.

+1cc to the Government Pleader Sr.No.6903 W.P.No.27847 of 2019 RSI(CO) RVM(25/02/2022) https://hcservices.ecourts.gov.in/hcservices/