M.Venkateswaran, v. The Inspector General Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2019
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.10614 of 2019 M.Venkateswaran ... Petitioner -Vs1. The Inspector General of Registration, Registration Department, Santhome High Road, Chennai-28
2. The District Registrar, District Registrar Office, Muthoorani North Street, Aruna Nagar, Karaikudi, Sivagangai District.
3. The Sub-Registrar, Joint Sub Registrar Office-II, Karaikudi,Senjai Pottal, Karaikudi, Sivagangai District.
... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the 3rd respondent herein to receive the document for registration and register the same, whenever submitted by the petitioner in respect of property in plot No.4, A Block, Shri Mahalakshmi Nagar situated in Old S.No.337/4, New S.No.337/4C2, situated at Kadambavanam Village, Thiruvelangudi Group, Thiruvelangudi-Surakkudi Panchayat, Sakkottai Union, Tiruppathur Taluk, Sivagangai District, within the time limit fixed by this Court.
For Petitioner : Mr.AL.Kannan For Respondents : Mr.M.Murugan, GA,
ORDER
The prayer in this writ petition is for a Writ of Mandamus, directing the third respondent herein to receive the document for registration and register the same, whenever submitted by the petitioner in respect of property in plot No.4, A Block, Shri Mahalakshmi Nagar situated in Old S.No.337/4, New S.No.337/4C2, situated at Kadambavanam Village, Thiruvelangudi Group, Thiruvelangudi-Surakkudi Panchayat, Sakkottai Union, Tiruppathur Taluk, Sivagangai District, within the time limit fixed by this Court.
2.Heard Mr.AL.Kannan, learned counsel appearing for the petitioner and Mr.M.Murugan, learned Government Advocate appearing for the respondents.
3.The petitioner, in order to register his land i.e. plot No.4, A Block, Shri Mahalakshmi Nagar in Old S.No.337/4, New S.No.337/4C2, situated at Kadambavanam Village, Thiruvelangudi Group, Thiruvelangudi-Surakkudi Panchayat, Sakkottai Union, Tiruppathur Taluk, Sivagangai District, claimed to have made an attempt with the Registration Department. However, the same has not been accepted or rejected orally on the ground that the land in question is already under acquisition proceedings for the purpose of SIPCOT and therefore, on that ground, according to the petitioner, the respondents refused to receive the document. Therefore, the petitioner is before this Court with the aforesaid prayer.
4.I have heard the learned Government Advocate appearing for the respondents, on instructions, who would submit that, there was no such document as claimed by the petitioner has been filed through online, which is the only mode of method to submit document for registration purpose. If at all, the petitioner submits any of the documents as claimed by him through online, the same would be considered in accordance with law and a decision would be taken either to register or not to register with assigned reasons, within a time frame stipulated by this Court, by the respondents herein.
5.In view of the said submission made by the learned Government Advocate, this Court is inclined to dispose of this Writ Petition with the following direction:
"There shall be a direction to the petitioner to submit necessary documents for registration in respect of the subject land to the third respondent through online only with all necessary documents and when such documents are filed through online with necessary documents, the third respondent shall take into account by considering the same as to whether the document in question can be registered and if it is found to be registered, steps can be taken by the 3rd respondent to register documents. Otherwise, it is open to the third respondent to take a decision, provided if there is any infirmity found in the documents to be submitted by the petitioner through online. At any rate, necessary decision either to register or not to register shall be taken by the 3rd respondent, with in a period of six weeks from the date of receipt of such document through online."
6.With this direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) Arul/Ls To
1. The Inspector General of Registration, Registration Department, Santhome High Road, Chennai-28
2. The District Registrar, District Registrar Office, Muthoorani North Street, Aruna Nagar, Karaikudi, Sivagangai District.
3. The Sub-Registrar, Joint Sub Registrar Office-II, Karaikudi,Senjai Pottal, Karaikudi, Sivagangai District.
+ 1 CC to The Special Government Pleader SR.No.69736 Order made in W.P.(MD)No.10614 of 2019 Dated:18.06.2019 KS(27.06.2019) 3 P 5 C