← Library
Madras High CourtWP/37969/2025disposed of

Shri Suresh Kumar Kochar v. The Inspector General Of Registration,

2025-11-03Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-11-2025

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY Shri Suresh Kumar Kochar Petitioner(s) Vs

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

2.The Sub-Registrar, Sembiam, Chennai-600 011.

Respondent(s) PRAYER:- Petition filed under Article 226 of the Constitution of India, seeking issuance of Writ of Mandamus, to direct the 2nd respondent to register pending document No.TP/ 100507110/ 2021, TP/100500588/ 2021, TP/100514580/ 2021, TP/100506515/2021, Settlement Deeds dated 25.02.2021 presented by the petitioner bearing Application No.S01LANDVV202102259344046, S01LANDVV20210225934501, S01LANDVV202009104076946, S01LANDVV202102259343423 within a time frame fixed by this Court .

For Petitioner(s):

Mr.B.Satish Sundar For Respondent:

Mr.U.Baranidharan Special Government Pleader

ORDER

This Writ Petition is filed seeking issuance of mandamus, directing the 2 nd respondent to register the settlement deeds presented by the petitioner dated 25.02.2021.

2. The learned counsel appearing for the petitioner submitted that settlement deeds are pertaining to the Plot Nos. 7, 8, 9 & 20 in new Town Survey Nos.142, 143, 144 & 151. He would further submit that with regard to the subject property, the third parties through plaintiff filed a civil suit in O.S.No.2945 of 1999 claiming title over the property. Ultimately, the said suit was decreed in favour of the plaintiff and as against the petitioner herein by the judgment dated 04.08.2015, against which, the appeal filed in A.S.No.254 of 2016 was allowed on 30.11.2017 reversing the judgment and decree passed in O.S.No.2945 of 1999. Therefore, the petitioner is entitled for the right over the

property in Plot Nos.7, 8, 9 & 20. Based on the same, the petitioner presented settlement deeds dated 25.02.2021 before the 2 nd respondent with an intention to settle the properties in favour of his son. The learned counsel would submit that though token numbers have been obtained, no decision has been taken by the respondent to register the settlement deeds, till date.

3. While so, as against the judgment and decree passed in A.S.No.254 of 2016, the plaintiff filed an appeal in S.A.No.138 of 2018 before this Court and the same was dismissed on 08.03.2019 and, the subsequent SLP preferred as against the judgment in S.A.No.138 of 2018 before the Hon'ble Supreme Court in SLP (Civil) Diary No.32981 of 2024 was also dismissed. Hence, the matter has attained finality in the level of Supreme Court. The grievance of the petitioner is that though the same was brought to the knowledge of the respondent, till date, no decision was taken to register the settlement deeds.

4. However, Mr.U.Baranidharan, learned Special Government Pleader appearing for the respondents would submit that though the petitioner obtained

token numbers, no settlement deed has been presented for the purpose of registration and, if any such deed is presented by the petitioner, the same will be considered by the respondents.

5. I have considered the submissions made by the learned counsel appearing for the petitioner as well as the respondents and perused the material available on record.

6. In the present case, the title over the subject property has been decided in favour of the petitioner in the level of the Supreme Court and hence, it attained finality. However, the learned Special Government Pleader would submit that though the petitioner obtained token, no settlement deed has been presented for the purpose of registration. Hence, the petitioner is directed to represent the settlement deeds dated 25.02.2021 for registration and in the event, if it is re-presented, the 2 nd respondent is directed to register the same, if it is otherwise in order, without any delay, preferably within a period of four weeks from the date of such re-presentation.

7. This Writ Petition is disposed of with the above terms. No costs. 03-11-2025 kkn Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Inspector General of Registration, No.100, Santhome High Road, Chennai-600 028.

2.The Sub-registrar, Sembiam, Chennai-600 011.

KRISHNAN RAMASAMY J.

KKN 03-11-2025