A.Narayanaswamy v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.Narayanaswamy

...Petitioner

Vs.

1.

The District Registrar, Tiruvannamalai, Tiruvannamalai District.

2.

The Joint-II Sub Registrar, Sub-Registrar Office, Tiruvannamalai, Tiruvannamalai District.

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to register the release deed dated 14.11.2022 and release the document in accordance with the provisions of Registration Act, 1908.

For Petitioner : Mr.R.Rajarajan For Respondents : Mr.C.Kathiravan, Spl.GP

O R D E R

The petitioner has filed this Writ petition seeking issuance of a Writ of 1/5

Mandamus to direct the 2nd respondent to register the release deed dated 14.11.2022 and release the same in accordance with the provisions of Registration Act, 1908.

2. Mr.C.Kathiravan, learned Special Government Pleader takes notice for the respondents. In view of the consent expressed by the Learned counsel appearing for either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the property comprised in S.No.68/5B, measuring an extent of 3.67 acres situated at Vada Andapattu Village, Tiruvannamalai Taluk is an ancestral property and an extent of 1.83.5 acres in the above said property was allotted in favour of the petitioner's father namely Annamalai, vide the civil court judgment. After the demise of the petitioner's father, the petitioner and his two brothers are in joint possession and enjoyment of the said property and the patta was also transferred to their name in Patta No.3639. Thereafter, as the petitioner intended to release his 1/3rd share in the above said land in favour of his brothers, he executed a release deed dated 14.11.2022 to that effect and 2/5

presented the same before the 2nd respondent on 17.11.2022, however, without registering the said document, the 2nd respondent, kept the same as pending. Hence, this Writ petition.

4. Though very many grounds have been raised, learned counsel for the petitioner submitted that, it would suffice if this Court issues direction to the 2nd respondent to register the release deed dated 14.11.2022 and release the same as expeditiously as possible.

5. Learned Special Government Pleader appearing for the respondents has no serious objection for the said order being passed.

6. Considering the limited request made by the learned counsel for the petitioner, this Court without expressing any opinion on the merits of the case, issues direction to the 2nd respondent to pass appropriate orders on the release deed dated 14.11.2022 presented by the petitioner within a period of six weeks from the date of receipt of a copy of this order.

7. Accordingly, this Writ petition is disposed of. No costs. 3/5

01.12.2022 skt Speaking Order : Yes/ No Index : Yes/ No M.DHANDAPANI, J.

skt To 1.

The District Registrar, Tiruvannamalai, Tiruvannamalai District.

2.

The Joint-II Sub Registrar, Sub-Registrar Office, Tiruvannamalai, Tiruvannamalai District.

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