Madras High CourtWP(MD)/12282/2021disposed of

Sivanesan v. The District Registrar

2021-07-20Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.12282 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.12282 of 2021 Sivanesan ... Petitioner Vs.

1.The District Registrar, Virudhunagar, Virudhunagar District.

2.The Joint Sub-Registrar-II, Virudhunagar, Virudhunagar District.

3.Indira ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the second respondent to complete the registration of the gift settlement deed dated 15.12.2020 executed in favour of the third respondent and issue the registration Certificate under Section 60 of the Tamil Nadu Registration Act and on the basis of the petitioner's representation dated 18.03.2021 For Petitioner : Mr.G.Mariappan For R-1 & R-2 : Mr.R.Suresh Kumar Government Advocate

ORDER

This writ petition has been filed for the issue of a Writ of Mandamus, directing the second respondent to register the settlement deed executed on 15.12.2020 and to release the document after registration.

2. The case of the petitioner is that the petitioner became the owner of the subject property by virtue of a Sale Certificate that was issued in a Court auction sale. The petitioner had executed a gift-cum-settlement deed in favour of his daughter, who is the third respondent herein. When this document was presented for registration before the second respondent, it was not entertained and left with no other option, the present Writ Petition has bene filed before this Court seeking for appropriate directions.

3. Heard Mr.G.Mariappan, learned counsel appearing for the petitioner and Mr.R.Suresh Kumar, learned Government Advocate appearing for the respondents 1 and 2.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.12282 of 2021

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the second respondent to entertain the document presented for registration by the petitioner and the same shall be registered, if it is otherwise in order and necessary stamp duty and registration charges are paid. The document shall be released immediately after registration.

5. This Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Registrar, Virudhunagar, Virudhunagar District.

2.The Joint Sub-Registrar-II, Virudhunagar, Virudhunagar District.

+1 CC to M/s.GP ( SR-23510[F] dated 22/07/2021 ) W.P.(MD).No.12282 of 2021 20.07.2021 SR(CO) LR(30.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2