G. Mayandi v. The Deputy Inspector General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.17192 of 2015 G.Mayandi ...Petitioner Vs.

1.The Deputy Inspector General of Registration, Madurai.

2.The District Registrar, Department of Registration, Madurai.

3.The Sub-Registrar, Peraiyur Sub-Registrar Office, Peraiyur, Madurai District.

...Respondents

This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the third respondent to register and release the pending document of P201500028, dated 09.09.2015 by fixing a time frame.

For petitioner : Mr.R.Ramasamy For Respondents : Mr.K.Mahesh Raja Government Advocate

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus directing the third respondent to register and release the pending document No.P201500028, dated 09.09.2015 within a stipulated time.

2. The petitioner has obtained a power from one V.Venkatachalam in respect of the property measuring to an extent of 24.5 ares in Survey No.102/2D, 102/2F, 59/3, 93/1D, 93/2 situated in T.Kallupatti Village, Madurai District and the same was also registered in the name of the petitioner. Thereafter, the petitioner approached the third respondent to register a sale deed in favour of one A.Kalimuthu. But the same is pending on the file of the third respondent. When the petitioner enquired about the same, the third respondent replied that one Manickam has given objection to register the sale deed executed by the petitioner. The petitioner has also gone through the said objection. The said objection status that the patta issued in respect of the above said property is a forged one. But actually the patta was issued by the Tahsildar in the month of October, 2014. But the third respondent is colluding with the said Manickam and refusing to register the document. It is the contention of the petitioner that as per the Registration Act, https://hcservices.ecourts.gov.in/hcservices/

the Sub-Registrar cannot keep the document pending once it is registered. Hence, the petitioner has come forward with the present Writ Petition for the above said relief.

6. Considering the submissions made by the learned counsel for the petitioner, without going into the merits of the averments made in the Writ Petition, this Court directs the third respondent to enquire into the objection given by the said Manickam and pass appropriate orders with regard to release of the document pending in document No.P201500028, dated 09.09.2015 within a period of two weeks from the date of receipt of a copy of this order.

With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Deputy Inspector General of Registration, Madurai.

2.The District Registrar, Department of Registration, Madurai.

3.The Sub-Registrar, Peraiyur Sub-Registrar Office, Peraiyur, Madurai District.

+1cc to Mr.R.Ramasamy, Advocate SR.No.57308 W.P(MD).No.17192 of 2015 25.09.2015 NS/MP/08.10.2015 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/