Madras High CourtWP/33473/2018disposed of

V.Hariharan v. The Inspector General Of Registration

2018-12-14Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.12.2018

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P. No.33473 of 2018 V. Hariharan .. Petitioner Vs.

1.The Inspector General of Registration, State Registration Department, Rajaji Salai, Pattinapakkam, Chennai - 600 028.

2.The District Registrar - South, (Administration), West Jones Road, West Saidapet, Chennai, Tamil Nadu - 600 015.

3.The Sub Registrar, No.46, 1st Main Road, Macmillan Colony, Nanganallur, Chennai - 600114 .. Respondents PRAYER : Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to release the document of the petitioner in Sale Deed Document No.1183/2013 dated 22.03.2013 on the file of the 3rd respondent relating to the petitioner's property to an extent of 2106 Sq.ft. comprised in Survey No.55, situated at No.3, Mukthamji Street, Alandur, Chennai. For Petitioner : Mr.M.Sathishkumar For Respondents : Mr.T.M.Pappiah Special Government Pleader

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner has come up with this Writ Petition seeking a direction to the respondents to release the document in Sale Deed No.1183/2013 dated 22.03.2013 on the file of the third respondent relating to the petitioner's property to an extent of 2106 Sq.ft. comprised in Survey No.55, situated at No.3, Mukthamji Street, Alandur, Chennai.

3. The petitioner claims that he had purchased the petition mentioned property from one Duraisamy and the same was registered as Sale Deed Document No.1183 of 2013. The document was not released by the third respondent stating that an enquiry has to be conducted in respect of the execution of the said sale deed. The petitioner has sent a representation to the respondents on 14.05.2018 and also a reminder on 22.11.2018 requesting for release of the sale deed, but, the same are yet to be disposed of by the respondents. Hence, the petitioner is before this Court.

4. Heard Mr.M.Sathishkumar, learned counsel appearing for the petitioner and Mr.T.M.Pappiah, learned Special Government Pleader appearing for the respondents.

5. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the respondents to consider the petitioner's representation dated 22.11.2018 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and also affording them due opportunity of personal hearing, within a period of four weeks from the date of receipt of a copy of this order.

6.With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rsi To

1. The Inspector General of Registration, State Registration Department, Rajaji Salai, Pattinapakkam, Chennai - 600 028.

2. The District Registrar - South, (Administration), West Jones Road, West Saidapet, Chennai, Tamil Nadu - 600 015.

3. The Sub Registrar, No.46, 1st Main Road, Macmillan Colony, Nanganallur, Chennai - 600 114.

+1cc to Mr.M.Sathishkumar, Advocate, S.R.No.87090 +1cc to the Government Pleader, S.R.No. 87464 W.P. No.33473 of 2018 KK(CO) rrs 04/01/2019