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Madras High CourtWP(MD)/10142/2022disposed of

Shanmugasundara Pandian v. The Sub Registrar

2022-05-20Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD).No.10142 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.05.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.(MD).No.10142 of 2022 Shanmugasundara Pandian ... Petitioner Vs.

The Sub Registrar, Gangaikondan, Tirunelveli District.

...Respondent

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent herein to register the document kept pending in Document No.P/Gangaikondan/116/2022 and Document No.P/Gangaikondan/117/2022 dated 27.04.2022 without insisting the original parent document bearing Document No.1320/1949 dated 21.09.1949 and handover the registered original document to the petitioner within a time frame fixed by this Court. For Petitioner : Mr.R.J.Karthick For Respondent : Mrs.D.Farjana Ghoushia, Special Government Pleader.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondent to register the documents kept pending in Document No.P/Gangaikondan/116/2022 and Document No.P/Gangaikondan/117/2022 dated 27.04.2022 without insisting the original parent document bearing Document No.1320/1949 dated 21.09.1949.

2. The petitioner has presented the aforementioned documents before the respondent for registration. However, the same has not been registered till date.

Thereafter, he has given a representation on 04.05.2022. The said representation has also not been considered. In such circumstances, the petitioner has filed this Writ Petition.

3. The aforementioned documents were presented for registration on 27.04.2022. The original parent document bearing Document https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.10142 of 2022 No.1320/1949 dated 21.09.1949 is not available with the petitioner. Hence, the petitioner has produced the certified copy of the same. However, according to the petitioner, despite the same, the aforementioned documents have not been registered. Either the respondent will have to register the documents or refuse registration by issuing a refusal checkslip stating reasons for refusal. The respondent has not done either.

4. Therefore, necessarily, a direction will have to be issued based on the petitioner's representation dated 04.05.2022 directing the respondent to consider the said representation on merits and in accordance with law, after affording a fair hearing to the petitioner, within a short time. This Court deems it fit to fix three (3) weeks' time for the respondent to take a decision.

5. For the foregoing reasons, this Court directs the respondent to pass final orders on the petitioner's representation dated 04.05.2022 seeking for registration of the documents kept pending in Document No.P/Gangaikondan/116/2022 and Document No.P/Gangaikondan/117/2022 dated 27.04.2022 within a period of three

(3) weeks from the date of receipt of a copy of this order after affording a fair hearing to the petitioner.

6. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (Vacation Officer) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To The Sub Registrar, Gangaikondan, Tirunelveli District.

+1 CC to M/s.SPL.GP ( SR-24077[F] dated 23/05/2022 ) W.P.(MD).No.10142 of 2022 20.05.2022 RK(28/05/2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2