Jayapaul D.S v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH D.S.Jayapaul ... Petitioner Vs.

1.The Inspector General of Registration, O/o. The Inspector General of Registration, 100, Santhome High Road, Foreshore Estate, Chennai - 600 028.

2.The District Registrar, Cheranmahadevi Registration Office, Cheranmahadevi, Tirunelveli District.

3.The Sub Registrar, Kadayam Sub Registration Office, Tenkasi Taluk, Tenkasi District.

... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to register and release the Deed of Settlement executed by the petitioner in favour of his wife in respect of the house property situated in Survey Nos.254/1A 13, 254/1A 14 and 254/1A 15 in Patta Nos.1417 and 1416 to an extent of 15 cents, 2 cents and 12 cents respectively on the file of the 3rd respondent based on the petitioner's representation made to the respondents dated 05.09.2020 within the time limit that may be stipulated by this Court. For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.R.Sureshkumar Government Advocate

ORDER

This writ petition has been filed for the issue of a Writ of Mandamus, directing the third respondent to register the settlement deed executed by the petitioner in favour of his wife and to release the document after registration.

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2.The learned Government Counsel based on the instructions received from the third respondent submitted that the petitioner did not present the document along with the patta and if the document is presented along with the patta, the same will be considered and if it is otherwise in order, the document will be registered. 3.Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Counsel, there shall be a direction to the third respondent to entertain the document submitted by the petitioner along with the patta and other revenue records and if the document is otherwise in order, the respondent shall proceed to register the document subject to the payment of necessary stamp duty and the registration charges. The document shall be released after registration. 4.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) TM NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Inspector General of Registration, O/o. The Inspector General of Registration, 100, Santhome High Road, Foreshore Estate, Chennai - 600 028.

2.The District Registrar, Cheranmahadevi Registration Office, Cheranmahadevi, Tirunelveli District.

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3.The Sub Registrar, Kadayam Sub Registration Office, Tenkasi Taluk, Tenkasi District.

+1 CC to M/s.SPL GP ( SR-21519[F] dated 07/07/2021 ) Order made in 06.07.2021 MGJ(15.07.2021) 3P 5C 3/3