Gunasekaran v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.12.2022 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.33253 of 2022 Gunasekaran ....
Petitioner -Vs1 The Inspector General of Registration Santhome High Road, Mylapore Chennai - 4.
2 The District Registrar Office of the District Registrar Gopalapuram Coimbathore- 641018.
3 The Sub-Registrar, Office of the Sub-Registrar 3/2 Y.P. Complex Sanaganur Main Road S.P.Kannusamy Gounder st Near Roots Indian Private Limited Rathinapuri-post, Coimbatore-641 027 4 The TamilNadu Housing Board Rep. by its Chairman and Managing Director 331 Anna Salai Nandanam Chennai - 600035.
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Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of the 3rd respondent herein pertaining to his proceedings in No.588/2022 dated 16.09.2022 and quash the same and consequently direct the 3rd respondent herein to register the sale deed and return the same to the petitioner. 1 / 4
For Petitioner : Mr.M.Selvam For Respondents : Mr.P.Sathish Additional Government Pleader- for RR 1 to Mr.D.Murugan Standing Counsel - for R4
O R D E R
The prayer sought for herein is for a Writ of Certiorarified Mandamus calling for the records of the 3rd respondent herein pertaining to his proceedings in No.588/2022 dated 16.09.2022 and quash the same and consequently direct the 3rd respondent herein to register the sale deed and return the same to the petitioner.
2. The document presented by the petitioner for registration pertaining to the property belonging to the petitioner, having been considered, was rejected through the order dated 16.09.2022 passed by the 3rd respondent, which is impugned in this writ petition.
3. After notice when the case is taken up for hearing today, Mr.P.Sathish, learned Additional Government Pleader appearing for the respondents 1 to 3 as well as Mr.D.Murugan, learned Standing Counsel for the 4threspondent would submit that, objection has been raised earlier on behalf of the 4th respondent not only against this land but also against various other lands including the 2 / 4
petitioner's land covered under the land acquisition proceedings. However, subsequently the said land acquisition proceedings since was quashed by the orders of this Court, and thereafter no further proceedings were initiated, there could be no further impediment for the 3rd respondent to register the document of the petitioner which is in question if it is otherwise in order.
4. In view of the said stand taken by the respondents through the learned Additional Government Pleader as well as the learned Standing Counsel, this Court is inclined to dispose of this writ petition with the following order. ●For the aforesaid reasons, the impugned order dated 16.09.2022 would not stand in the legal scrutiny and hence it is quashed. ●As a sequel, there shall be a direction to the 3rd respondent to accept the document presented by the petitioner for registration and do the needful to register the document if it is otherwise in order.
●The needful as indicated above shall be undertaken by the 3rd respondent within a period of four weeks from the date of receipt of a copy of this order."
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R. SURESH KUMAR, J.
KST
5. With the above directions, this writ petition is disposed of. No costs. 14.12.2022 Index : Yes/No Internet : Yes/No KST Note : Issue order copy by 19.12.2022 To 1 The Inspector General of Registration Santhome High Road, Mylapore, Chennai - 4.
2 The District Registrar, Office of the District Registrar Gopalapuram Coimbathore- 641018.
3 The Sub-Registrar, Office of the Sub-Registrar 3/2 Y.P. Complex Sanaganur Main Road S.P.Kannusamy Gounder st Near Roots Indian Private Limited Rathinapuri-post, Coimbatore-641 027 4 The Chairman and Managing Director Tamil Nadu Housing Board 331 Anna Salai Nandanam Chennai - 600035.
W.P.No. 33253 of 2022 4 / 4