S.Indiraniammal 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.31343 of 2024 S.Indiraniammal

...Petitioner

Vs.

1. The Inspector General of Registration, No.100, Santhome High Road, Mylapore, Chennai - 600 028.

2. The Sub Registrar, Office of the Sub Registrar, Kundrathur, Chennai - 600 069. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the receipt No.18377/2024 in document No.P/Kundrathur/492/2024, dated 16.09.2024, issued by the second respondent to quash the same as illegal and unconstitutional and consequently, to direct the second respondent to release the Settlement deed dated 16.09.2024 to the beneficiary concerned forthwith. For Petitioner : Mr.M.Kaviveerappan For Respondents : Mr.M.Shahjahan Special Government Pleader 1/5

O R D E R

This writ petition is filed seeking to issue a writ of Certiorarified Mandamus to call for the records relating to the receipt No.18377/2024 in document No.P/Kundrathur/492/2024, dated 16.09.2024, issued by the second respondent, quash the same as illegal and unconstitutional, and consequently, direct the second respondent to release the Settlement deed dated 16.09.2024 to the beneficiary concerned forthwith.

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. According to the petitioner, she executed a settlement deed in favour of her grandchildren and presented the same for registration on 16.09.2024. The second respondent kept the same as pending document no.492/2024. Though the petitioner paid necessary stamp duty and registration charges on 16.09.2024, the second respondent issued a receipt indicating that the document would be kept as pending document and it would be released in due 2/5

course. Aggrieved by the same, the petitioner is before this Court.

4. The learned counsel for the petitioner submits that when the document is presented before the second respondent, he has to take a decision with regard to the registration of the same and he is not entitled to keep the document pending without any reason.

5. Mr. M.Shahjahan, learned Special Government Pleader, who takes notice for the respondents would submit that the second respondent would take final decision on registration of the document, within a time frame to be fixed by this Court.

6. 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 second respondent to take a decision with regard to the registration of the settlement deed presented by the petitioner on 16.09.2024 and pass final orders, on its own merits, within a period of two weeks from the date of receipt of a copy of this order.

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7. 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.100, Santhome High Road, Mylapore, Chennai - 600 028.

2. The Sub Registrar, Office of the Sub Registrar, Kundrathur, Chennai - 600 069.

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S. SOUNTHAR, J.

av W.P No.31343 of 2024 22.10.2024 (1/2) 5/5