Tamilarasi v. The Inspector General Of Registration,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2024

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Tamilarasi ... Petitioner vs.

1.The Inspector General of Registration, Registration Department, 100, Santhom High Road, Chennai.

2.The District Registrar, District Registration Office, Thanjavur, Thanjavur District.

3.The Sub Registrar, Sub Registrar Office, Boothalur, Thanjavur District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a writ of Mandamus, directing the 1st respondent to dispose the appeal filed by the petitioner on 08.12.2023 and thereby direct the 3rd respondent to register the sale deed in respect of the property in Survey No.136/4 with an extent of 86 cents out of 0.35.0 ares situated at Veeramarasanpettai, Thanjavur Taluk, Boothalur Sub Registration, Thanjavur District.

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For Petitioner : Mr.S.Muniyandi For Respondents : Mr.S.Shanmugavel Additional Government Pleader

O R D E R

This writ petition has been filed for issuance of a writ of Mandamus, directing the 1st respondent to dispose the appeal filed by the petitioner on 08.12.2023 and thereby directing the 3rd respondent to register the sale deed in respect of the property in Survey No.136/4 to an extent of 86 cents out of 0.35.0 ares situated at Veeramarasanpettai, Thanjavur Taluk, Boothalur Sub Registration, Thanjavur District.

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

3. According to the petitioner, she is the owner of the property in S.Nos.98/10, 112/10, 116/3, 114/11 and 136/4 situated at Veeramarasanpettai, Thanjavur Taluk, Boothalur Sub Registration, Thanjavur District. Due to some financial crisis, she tried to register the sale deed in favour of one Thomaiammal in respect of the property in 2/5

S.No.136/1, New Survey No.136/4A to an extent of 21 cents out of 86 cents. But the third respondent refused to register the same. Subsequently, the petitioner approached the second respondent and the second respondent has passed an order dated 15.11.2023, stating that the settlement deed executed by Rojamirtham was cancelled on 22.02.2007. Hence, the petitioner has filed an appeal before the first respondent on 08.12.2023, challenging the rejection order passed by the second respondent. Since the first respondent has not taken any steps to dispose of the appeal, the petitioner has filed the present writ petition.

4. The learned Additional Government Pleader appearing for the respondents would submit that the appellate authority is the second respondent and after conducting enquiry, they will pass appropriate orders.

5. Considering the above said submission, this Court directs the second respondent to dispose of the appeal filed by the petitioner dated 08.12.2023, on merits and in accordance with law, after issuing notice to all the parties concerned, within a period of sixteen weeks from the date of receipt of a copy of this order.

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6. With the above direction, this Writ Petition is disposed of. No costs.

31.01.2024 akv Index: Yes/No Internet:Yes/No To 1.The Inspector General of Registration, Registration Department, 100, Santhom High Road, Chennai.

2.The District Registrar, District Registration Office, Thanjavur, Thanjavur District.

3.The Sub Registrar, Sub Registrar Office, Boothalur, Thanjavur District.

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V.BHAVANI SUBBAROYAN ,J.

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