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Madras High CourtWP/33666/2019allowed

Mrs.V.Kasthuri Bhai v. The District Collector Cum

2019-12-03Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2019 CORAM :

The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.33666 of 2019 & WMP.No.34127 of 2019 Mrs.V.Kasthuri Bhai

...Petitioner

Vs 1.The District Collector-cum- Additional Secretary (Revenue), Kamaraj Salai, Pondicherry.

2.The Sub-Registrar, Oulgaret, Registration Department, Government of Pondicherry.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to issue GLR value and the second respondent to register the document to be presented by the petitioner in respect of the land situated at plot No.147, comprised in R.S.No.231/4 corresponding to cadastre 1120Bis/1/2/pt and 1120Bis/2/2/pt situated at Ulavarkari Commune, Puducherry. For Petitioner:

Mr.U.Karunakaran For Respondent:

Mr.D.Ravichandran, SGP (P)

ORDER

Mr.D.Ravichandran, learned Special Government Pleader (Pondy) accepts notice for the respondents. Heard both. By consent, the writ petition itself is taken up for final disposal.

2. In this writ petition, the petitioner seeks a direction to the respondents respectively to accept the guideline value and to register the document to be presented by the petitioner in respect of the land situated at plot No.147, comprised in R.S.No.231/4 corresponding to cadastre 1120Bis/1/2/pt and 1120Bis/2/2/pt situated at Ulavarkari Commune, Puducherry.

3. It is not in dispute that an identical issue was considered in several writ petitions and one such writ petition being W.P.No.21009 of 2015 wherein an identical prayer was sought for and the said writ petition was allowed by order dated 14.7.2015. While allowing the said writ petition, this Court had https://hcservices.ecourts.gov.in/hcservices/

taken into consideration the earlier orders passed by this Court in several matters. The operative portion of the order dated 14.7.2015 in W.P.No.21009 of 2015 reads as follows : "In the result, the writ petition is allowed and the 2nd respondent is directed to register the sale deed dated 3.7.2015 to be presented by Tmt.M.Kalaivani, wife of Murugan, subject to the filing of declaration in Form 16 and subject to the payment of correct stamp duty payable on the said document."

4. Following the said order, the writ petition is allowed and the second respondent is directed to register and release the registered document within a period of three weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected WMP is closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar To 1.The District Collector-cum-Additional Secretary (Revenue), Kamaraj Salai, Pondicherry.

2.The Sub-Registrar, Oulgaret, Registration Department, Government of Pondicherry.

+1 cc to Government Pleader Sr.No. 10111 +1cc to Mr.U.Karunakaran , Advocate SR.No. 100872 RS WP.No.33666 of 2019 & WMP.No.34127 of 2019 pvs A.SK(09/01/2020) https://hcservices.ecourts.gov.in/hcservices/