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Madras High CourtWP(MD)/4133/2023allowed

Kala.P v. The Inspector General Of Registration

2025-08-08Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY P. Kala .. Petitioner Vs.

1. The Inspector General of Registration, No.100 Santhome High Road, Pattinapakkam, Chennai- 600 028.

2. The Deputy Inspector General of Registration, Registration Department, Government Multimstored Building, 2nd Floor, Race Course Road, Kajamalai Colony, Trichy.

3. The Special Deputy Collector (Stamps), District Collector Office-Old Campus, Trichy- 620 001.

4. The District Registrar, Registration Department, District Court Campus, Cantonment, Trichy- 620 001.

5. The Sub - Registrar, Thiruverumbur, Vin Nagar Main Street, Pappakurichikattur, Trichy- 620 019.

.. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Ceritiorarified Mandamus, to call for the records of the 1st respondent proceedings in Mu.Mu.No.31450/N3/2021 dated 13.09.2021 1/6

and to quash the same as illegal consequently, to direct the 5th respondent herein to release the Document No.1653/2015 dated 03.03.2015 to the petitioner. For Petitioner : Mr.K.Ashok Kumar Ram For Respondents : Mr.G.Suriya Ananth Addl. Government Pleader

ORDER

This Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the proceedings in Mu.Mu.No.

31450/N3/2021 dated 13.09.2021 and consequently, to direct the 5th respondent herein to release the Document No. 1653/2015 dated 03.03.2015 to the petitioner.

2. The petitioner had purchased an industrial land situated at SIDCO Developed Estate, Thuvakudi, Trichy and the same was registered as Doc.No. 1653 of 2015, dated 30.03.2015. The petitioner had paid registration fees of Rs. 19,25,000/-. The Sub Registrar referred the documents to the 3rd respondent for the purpose of fixing the value of the land. The Government fixed the guideline value as Rs.7535/- per sq.m. The said land is situated 18 km away from the Central Bus Stand, Trichy and the Government has not put up any infrastructure in the said area. Hence, fixation of the rate by the 3rd respondent is exorbitantly high and illegal.

3.The further contention of the petitioner is that the 3rd respondent 2/6

has not considered the amount fixed for the land nearby the said land. Thereafter, the 3rd respondent passed an order, dated 03.03.2017 stating that the petitioner has an appellate remedy. However, the appeal has to be filed within a period of 60 days. Unfortunately, the petitioner could not file the appeal within the prescribed time but finally the petitioner filed the appeal on 24.02.2021 which was submitted in person. Since there were defects in the petition, the petitioner received a reply from the 1st respondent office on 02.08.2021. The 1st respondent directed the petitioner to submit the petition in duplicate affixing Rs.5/- Court Fee Stamp vide letter dated 30.06.2021. After receiving the reply on 23.08.2021, the petitioner has received the petition in duplicate with Rs.5/- Court fee stamp.

But the 1st respondent has rejected the appeal on the ground of limitation. 4.The contention of the petitioner is that due to illness of her family members she could not file the appeal in time. Subsequently, due to COVID she could not proceed further. Thereafter, she preferred an appeal on 24.02.2021. Without considering the appeal, the 1st respondent dismissed the appeal on limitation which is erroneous. Hence the petitioner prays to consider the appeal on merits.

5.On perusing the petition, it is seen that the petitioner has not received the original order. Further, the petitioner could not file the appeal due to 3/6

illness of her family members and subsequently, due to COVID 19. Therefore, this Court is of the considered opinion that the delay is liable to be condoned. Therefore, the delay in filing the appeal is condoned. The respondents are directed to take the appeal on file and issue notice to the petitioner for personal hearing. The petitioner is at liberty to submit further evidence to the respondents. Thereafter, the respondents shall consider the case on merits and pass orders within a period of five months from the date of receipt of a copy of this order. 6.With the above observations, this Writ Petition is allowed. There shall be no order as to costs.

08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg 4/6

To

1. The Inspector General of Registration, No.100 Santhome High Road, Pattinapakkam, Chennai- 600 028.

2. The Deputy Inspector General of Registration, Registration Department, Government Multimstored Building, 2nd Floor, Race Course Road, Kajamalai Colony, Trichy.

3. The Special Deputy Collector (Stamps), District Collector Office-Old Campus, Trichy- 620 001.

4. The District Registrar, Registration Department, District Court Campus, Cantonment, Trichy- 620 001.

5. The Sub - Registrar, Thiruverumbur, Vin Nagar Main Street, Pappakurichikattur, Trichy- 620 019.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 08.08.2025 6/6