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Madras High CourtWP/33740/2018disposed of

V.S.Narasinga Rao v. The District Collector

2019-02-27Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.Nos.33740 & 33742 of 2018

1. V.S.Narasinga Rao ... Petitioner in WP.No.33740/2018

2. K.Ranjitham ... Petitioner in WP.No.33742/2018 Vs.

1. The District Collector, Thiruvellore - 601204.

2. The District Registrar, North Chennai - Administration, Kuralgam, Chennai - 600104.

3. The Sub-Registrar, Thiruvottiyur, Chennai - 600019.

4. The Tahsildar, Ambattur, Chennai - 600053.

5. The Tahsildar, Thiruvottiyur, Chennai - 600019.

...Respondents in both WPs

Prayer in W.P.Nos.33740 & 33742 of 2018:

Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 3rd respondent to register the sale deed in favour of the petitioner in pending Document Nos.P/255/2018 and P/255/2018 release the documents to the petitioner after due registration. For Petitioners : Mr.T.Sai Krishnan (in both WPs) For Respondents : Mr.P.P.Purushothaman Government Advocate for R2 & 3 Mr.I.Sathish

Additional Government Pleader for R1, 4 & 5 (in both WPs) C O M M O N O R D E R Both these writ petitions are filed seeking for a direction to the third respondent/the Sub Registrar to register the sale deed and settlement deed presented by the petitioners, which are assigned with pending Document Nos. P/255/2018 and P/225/2018 respectively and release the same after due registration.

2. Heard both sides.

3. The grievance of the petitioners before this Court is that even though, the said documents were presented before the third respondent as early as on 25.07.2018 in one case and 02.07.2018 in the other case, the third respondent has neither registered the documents nor returned the same to the petitioners. On the other hand, it is contended that the third respondent is keeping the documents, by assigning pending document numbers alone.

4. Needless to say that when a document is presented for Registration before the Registering Authority, it is for him either to register and release the same, if the same is in order, or return the same with check slips for compliance. Without doing either of these two things, the third respondent cannot keep the documents pending for a long time. Therefore, without expressing any view on the contentions raised by the petitioners, the third respondent is directed to take action on the documents placed by the petitioners for registration and pass appropriate orders on merits and in accordance with law within a period of three weeks from the date of receipt of a copy of this order. Accordingly, these writ petitions are disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sni/vri To

1. The District Collector, Thiruvellore - 601204.

2. The District Registrar, North Chennai - Administration, Kuralgam, Chennai - 600104.

3. The Sub-Registrar, Thiruvottiyur, Chennai - 600019.

4. The Tahsildar, Ambattur, Chennai - 600053.

5. The Tahsildar, Thiruvottiyur, Chennai - 600019.

+2 cc's to M/s.Sai & Bharath, Advocate Sr.Nos.18415 & 18416 +1 cc to The Government Pleader, SR.No.19364 W.P.Nos.33740 & 33742 of 2018 SAI(CO) CSL/20.03.2019