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Madras High CourtWP/31657/2024dismissed

V.Mani v. The Sub-Registrar,

2024-10-28Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.31657 of 2024 V.Mani

...Petitioner

Vs.

The Sub Registrar, O/o Padappai Sub-Registrar, K.R.Puram, Padappai, Chennai - 601 301.

...Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to consider the written representation consequently to register the General Power of Attorney to be produced by Mr.V.Mani in respect of property comprised in Old Survey Nos.333, 336, 335, New Sub-Division Survey Nos.333/6B, 335/3B and 336/2, Varadharajapuram Village, Sriperumbudur Taluk, Kancheepuram District dated 12.09.2024 through registered post.

For Petitioner : Mr.C.Mohanraj For Respondent : Mr.M.Shahjahan Special Government Pleader 1/4

O R D E R

The petitioner herein seeks a direction to the respondent to consider the written representation dated 12.09.2024 and consequently to register the General Power of Attorney dated 23.08.2024 presented by the petitioner in respect of property comprised in Old Survey Nos.333, 336, 335, New SubDivision Survey Nos.333/6B, 335/3B and 336/2, Varadharajapuram Village, Sriperumbudur Taluk, Kancheepuram District.

2. By consent of both the learned counsel appearing for the petitioner as well as respondent, this writ petition is disposed of at the admission stage itself.

3. When the writ petition is taken up for hearing, the learned Special Government Pleader appearing for the respondent by taking this Court to the averment in paragraph no.8 of the writ petition, submitted that the petitioner has not applied for token for presentation of the document before the respondent for registration and therefore, the writ petition cannot be maintained as per the avement found in the writ petition affidavit and the petitioner only handed over the draft general Power of Attorney on 23.08.2024 2/4

and the same was not accepted by the respondent.

4. If the petitioner applies for on-line token to register the alleged General Power of Attorney and presents the document before the registering authority, in the allotted time slot as per procedure, the same will be considered for registration. Without applying for on-line token petitioner is not entitled to seek any direction. Therefore, this Court is not inclined to give any direction to the respondent when the alleged General Power of Attorney was not presented before the registering authority by following due procedure. Accordingly, this writ petition is dismissed. It is open to the petitioner to apply on-line token and present the document before the respondent in the allotted slot. No costs.

28.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av To The Sub Registrar, O/o Padappai Sub-Registrar, K.R.Puram, Padappai, Chennai - 601 301.

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S. SOUNTHAR, J.

av W.P No.31657 of 2024 28.10.2024 4/4