Kumararaja v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Kumararaja
...Petitioner
vs.
1. The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai - 600 028.
2. The Sub-Registrar, Pollachi, Coimbatore District.
3. The Principal Secretary, Tamil Nadu Waqf Board, No.1, Jaffar Sarang Street, Vallal Seethakathi Nagar, George Town, Chennai.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second respondent to register the partition deed presented by the petitioner dated 16.08.2022 within the stipulated time as may be fixed by this Court.
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For petitioner : Mr.N.Umapathi For R1 and R2 : Mr.G.Krishna Raja Additional Government Pleader
ORDER
This writ petition has been filed seeking for issuance of a Writ of Mandamus to direct the second respondent to register the partition deed presented by the petitioner dated 16.08.2022 within the stipulated time as may be fixed by this Court.
2. The case of the petitioner is that the petitioner and other legal heirs of petitioner's father namely Velusamy Gounder entered in to a partition deed and presented the said document for registration before the second respondent on 16.08.2022. However, the second respondent refused to register the said document and issued a notice to the third respondent vide letter Na.Ka.ENN.90/2022 dated 17.08.2022 to clarify as to whether the subject property is required for burial ground of waqf Board or not and requested to send necessary communication. Since no action has been taken by the third respondent, the petitioner has filed the present Writ Petition seeking the aforesaid relief.
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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 second respondent to entertain the document dated 16.08.2022 presented by the petitioner within a time frame that may be fixed by this Court.
4. The learned Additional Government Pleader appearing for the first and second respondents 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 second respondent to entertain the document dated 16.08.2022 presented by the petitioner if there is no legal impediment and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order. The 3/5
petitioner is directed to pay the necessary stamp duty and registration charges.
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
1. The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai - 600 028.
2. The Sub-Registrar, Pollachi, Coimbatore District.
3. The Principal Secretary, Tamil Nadu Waqf Board, No.1, Jaffar Sarang Street, Vallal Seethakathi Nagar, George Town, Chennai.
M.DHANDAPANI, J.
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