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Madras High CourtWP/29240/2022disposed of

K.Padmavathi v. The Sub Registrar

2022-11-04Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI K.Padmavathi

...Petitioner

vs.

The Sub Registrar, Pammal, Chengalpet District.

... Respondent Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent herein to receive and register the release deed dated 27.09.2022 executed in favour of the petitioner in respect of the property covered in Gramanatham Survey No.109/1 and new S.No.180/10 - 246 sq.mtrs at Cowl Bazaar, Pallavaram Taluk, Chengalpet district and on registering the same to release the same to the petitioner. For petitioner : Mr.N.Suresh For respondent : Mr.G.Krishna Raja Additional Government Pleader 1/5

ORDER

This writ petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondent herein to receive and register the release deed dated 27.09.2022 executed in favour of the petitioner in respect of the property covered in Gramanatham Survey No.109/1 and new S.No.180/10 - 246 sq.mtrs at Cowl Bazaar, Pallavaram Taluk, Chengalpet district and on registering the same to release the same to the petitioner.

2. The case of the petitioner is that she acquired the above said property by way of a Will dated 30.11.1984 executed by her mother namely Mariyammal. Thereafter, the petitioner's sister namely Mohana executed a release deed dated 27.09.2022 in respect of her share of the property in favour of the petitioner. When the said document was presented before the respondent for registration on 27.09.2022, the same was orally refused to be registered citing that the said property is classified as "Gramanatham". Since the same was not entertained by the respondent, the petitioner has come up with the present Writ Petition seeking the aforesaid relief. 2/5

3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the respondent to entertain the document presented by the petitioner within a time frame that may be fixed by this Court.

4. The learned Additional Government Pleader appearing for the respondent has no objection for the said order being passed.

5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6. Taking into consideration the facts and circumstances of the case, this Court without going into the merits of the case, directs the respondent to entertain the document presented by the petitioner if it is otherwise in order and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order and the petitioner is directed to pay the necessary stamp duty and registration charges. 3/5

7. With the above observations and direction, the Writ Petition is disposed of. No costs.

04.11.2022 RAP Index : Yes/No Speaking order : Yes/No To The Sub Registrar, Pammal, Chengalpet District.

M.DHANDAPANI, J.

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RAP 04.11.2022 5/5