R.Usharani v. The Inspector General Of Registration
1 W.P.No.31026 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.11.2022
CORAM:
THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No.31026 of 2022 R.Usharani ... Petitioner Vs.
1. The Inspector General of Registration, Government of Tamil Nadu, Santhome, Chennai 28.
2. The Deputy Inspector General of Registration, Cuddalore.
3. The District Registrar (Administration), Virudachalam, Cuddalore District.
4. The Sub-Registrar, Tittagudi, Cuddalore District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the second respondent to dispose the appeal filed by the petitioner dated 28.06.2022 based on the petitioner's representation dated 13.10.2022 and consequently direct the second respondent to refix the guideline value in Survey No.18/5 in the name of "TPT Garden" situated in Tittagudi Village, Tittagudi Taluk and Cuddalore District within a reasonable time to be fixed by this Court.
2 W.P.No.31026 of 2022 For Petitioner : Mr.C.Mahendran For Respondents : Mr.E.Sundaram Government Advocate
ORDER
This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the second respondent to dispose of the appeal filed by the petitioner dated 28.06.2022 based on the petitioner's representation dated 13.10.2022 and consequently direct the second respondent to refix the guideline value in Survey No.18/5 in the name of "TPT Garden" situated in Tittagudi Village, Tittagudi Taluk and Cuddalore District within a reasonable time to be fixed by this Court.
2. The case of the Petitioner is that she is the absolute owner of vacant land having an extent of 1.60 Acres, comprised in Survey Nos.18/1, 18/2 and 18/5 situated in Tittagudi Village, Tittagudi Revenue Taluk and Cuddalore Revenue District, within the Tittagudi Sub Registration Office by Sale Deeds registered as Doc.Nos.893/2005 dated 10.08.2005, 7/2008 dated 02.01.2008 and 669/2009 dated 09.06.2009 on the file of Sub Registrar Office, Tittagudi. Due to some medical and family expenses, the petitioner formed a lay-out in the aforesaid property in the name of "TPT Garden" and 36 plots were formed in the said layout for sale to the
3 W.P.No.31026 of 2022 intending purchasers in respect of aforesaid survey numbers. It is stated that, as per the guideline value fixed by the Registration Department, as revised from 08.06.2017, Rs.107/- per sq.ft is the maximum value fixed for Survey Nos.18/1 and 18/2 among all the survey numbers in the said layout. Hence, the said higher value shall be taken among all survey numbers, while registering sale of plots in the said layout. The grievance of the petitioner is that, on 28.06.2022, the third respondent/District Registrar (Administration), vide his proceedings in Mu.Mu.No.3051/E1/2022, fixed a value of Rs.550/- sq.ft and Rs.5925/- per sq.mtr, by classifying the land in the above said "TPT Garden", which is formed in Survey No.18/5 situated at aforesaid premises. Therefore, the petitioner preferred an appeal dated 28.06.
2022 before the third respondent and the petitioner also made a representation dated 13.10.2022 before the first and second respondents, seeking to re-fix the guideline value by reducing the amount after inspecting the above said layout. The petitioner has specifically mentioned in the said representation as per the land in Tittagudi to Keeranur Main Road in Survey No.16/11, the guideline value is fixed by the Registration Department is Rs.167/- per sq.ft, which is pathway to the above said layout. However, till date, the said representation was not considered by the second and third respondents.
4 W.P.No.31026 of 2022 Writ Petition.
3. Though very many grounds have been raised in this Writ Petitioner, learned counsel for the petitioner submitted that, it would suffice if this Court issues a direction to the second respondent to dispose of the petitioner's representation dated 28.06.2022 based on the petitioner's representation dated 13.10.2022 and pass orders on the same within a particular time that to be fixed by this Court.
4. The learned Government Advocate appearing for the respondents has no serious objection for the said order being passed.
5. In view of the above, this Court, without expressing any opinion on the merits of the case, directs the second respondent to dispose of the petitioner's representation dated 28.06.2022 based on the petitioner's representation dated 13.10.2022 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above observations and directions, this Writ Petition
5 W.P.No.31026 of 2022 is disposed of. No costs.
21.11.2022 Speaking Order : Yes/ No Internet: Yes/ No jd To
1. The Inspector General of Registration, Government of Tamil Nadu, Santhome, Chennai 28.
2. The Deputy Inspector General of Registration, Cuddalore.
3. The District Registrar (Administration), Virudachalam, Cuddalore District.
4. The Sub-Registrar, Tittagudi, Cuddalore District.
M.DHANDAPANI, J.
6 W.P.No.31026 of 2022 jd W.P.No.31026 of 2022 21.11.2022