R.Sheela v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2024
CORAM
THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.31004 of 2024 R.Sheela
...Petitioner
Vs.
1. The Inspector General of Registration, No.11, Santhome High Road, Foreshore Estate, Chennai - 600 028.
2. The Deputy Inspector General of Registration Circuit House Road, Near INS Agrani, Coimbatore - 641 018.
3. The Appellate Authority / District Registrar, (Coimbatore South) 5th floor, Singapore Plaza, Cross Cut Road, Coimbatore - 641 012.
4. The Sub - Registrar, Peelamedu Sub-Registrar Office, Circuit House Road, Near INS Agrani, Coimbatore - 641 018.
5. The Commissioner, Hindu Religious and Charitable Endowment (HR & CE) Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third respondent to dispose my appeal filed under Section 72 of the Registration Act, 1908 filed against the 1/5
order in Na.Ka.No.259/2022 dated 16.11.2023 within a time frame fixed by this Court.
For Petitioner : Mr.M.Sriram For R1 to R4 : Mr.M.Shahjahan Special Government Pleader For R5 : Mr.K.Karthikeyan, Government Advocate
O R D E R
The petitioner herein seeks a direction to the third respondent to dispose of her appeal pending on the file of the third respondent.
2. 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.
3. It is the case of the petitioner that she purchased the agricultural lands measuring to an extent of 1 acre 42 cents in survey no.218, and an extent of 44 cents in survey no.551, situated in Ramanathapuram Village, South Coimbatore Taluk, Coimbatore District, from one Baladandhapani and 9 others under sale deed dated 31.10.1914. The said sale deed was presented for registration before the fourth respondent. However, the document was kept 2/5
pending as document No.172/1996. Subsequently, the fourth respondent passed an order on 16.11.2023 refusing to register the said document. Aggrieved by the same, the petitioner filed an appeal under section 72 of the Registration Act before the third respondent and the said appeal is kept pending without any progress. Therefore, the petitioner is before this Court.
4. Mr. A.Selvendran, learned Special Government Pleader, who takes notice for the respondents 1 to 4 would submit that the appeal pending on the file of the third respondent would be considered on its own merits and appropriate orders will be passed.
5. In view of the above submission made by the learned Special Government Pleader, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the third respondent to dispose of the appeal filed by the petitioner dated 15.12.2023 and pass final orders, after issuing notice to the petitioner and the hereditary trustee of the Arulmighu Badrakaliamman Pandurangan and Selva Vinayagar Thirukovil, in whose instance the refusal order came to be passed and any other interested parties, within a period of eight weeks from the date of receipt of a copy of 3/5
this order.
6. With the above direction, this Writ Petition is disposed of. No costs.
22.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order To
1. The Inspector General of Registration, No.11, Santhome High Road, Foreshore Estate, Chennai - 600 028.
2. The Deputy Inspector General of Registration Circuit House Road, Near INS Agrani, Coimbatore - 641 018.
3. The Appellate Authority / District Registrar, (Coimbatore South) 5th floor, Singapore Plaza, Cross Cut Road, Coimbatore - 641 012.
4. The Sub - Registrar, Peelamedu Sub-Registrar Office, Circuit House Road, Near INS Agrani, Coimbatore - 641 018.
5. The Commissioner, Hindu Religious and Charitable Endowment (HR & CE) Department, No.119, Uthamar Gandhi Road, 4/5
Nungambakkam, Chennai - 600 034.
S. SOUNTHAR, J.
av W.P No.31004 of 2024 22.10.2024 5/5