C.Manivannan v. The District Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.10.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR C.Manivannan ... Petitioner vs.

1.The District Registrar, Tindivanam Registration District, Tindivanam, Viluppuram District.

2.The Sub Registrar, Sathiyamangalam Sub Registration Office, Sathiyamangalam, Gingee Taluk, Viluppuram District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to issue necessary direction to the 2nd respondent to receive the deed of gift settlement executed in the name of the petitioner's wife said Kamatchi and register the same, based on the petitioner's representation dated 23.09.2024 made to the 1st respondent in person.

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For Petitioner : Mr.Prabhakar For Respondents : Mr.M.Shahjahan Special Government Pleader

O R D E R

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

2. The petitioner herein seeks a direction to the 1st respondent to issue necessary direction to the 2nd respondent to receive the Gift Settlement Deed executed by him in favour of his wife dated 20.09.2024.

3. It is the case of the petitioner that he is the owner of the property situated in Survey Nos.80/1A3A2 to an extent of 23 3⁄4 cents, 80/1A4A to an extent of 43 cents, 80/1A7 to an extent of 15 cents, 80/1AB to an extent of 7 1⁄2 cents, 80/3B1 to an extent of 1 acre 5 cents, 80/1A11 to an extent of 22 cents and 80/3B2 to an extent of 2 1⁄2 cents, with total extent of 2.18 3⁄4 2/6

cents of land having acquired the same under the Partition Deed dated 21.07.2000. The petitioner executed a Gift Settlement Deed in favour of his wife on 20.09.2024 and the same was presented for registration before the 2nd respondent. However, the 2nd respondent returned the document without any reason. Therefore, the petitioner submitted a representation before the 1st respondent on 23.09.2024 seeking issue of necessary direction to the 2nd respondent to register the document. The same has not been considered by the 1st respondent till date. Hence, the petitioner is before this Court.

4. The learned counsel appearing for the petitioner submits that the document presented by the petitioner was not considered for registration by the 2nd respondent without any reason.

5. Mr.M.Shahjahan, learned Special Government Pleader, who is taking notice for the respondents would submit that if the petitioner presents the document in correct date and time after taking necessary token, the same will be considered by the 2nd respondent for registration, if it is in accordance with law.

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6. In view of the same, without going into the merits of the claim made by the petitioner, the petitioner is directed to take fresh token for presenting the document before the 2nd respondent and present the same in the correct date and time, within a period of two weeks from the date of receipt of copy of this order. The 2nd respondent shall consider the same for registration, if it is otherwise in order. No costs.

7. With the above direction, the Writ Petition stands disposed of. No costs.

23.10.2024 Index : Yes/No Speaking order:Yes/No dm 4/6

To 1.The District Registrar, Tindivanam Registration District, Tindivanam, Viluppuram District.

2.The Sub Registrar, Sathiyamangalam Sub Registration Office, Sathiyamangalam, Gingee Taluk, Viluppuram District.

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S.SOUNTHAR, J.

dm 23.10.2024 6/6