K.Devadas v. Inspector General Of Registration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.10.2020
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN K.Devadas ... Petitioner Vs.
1. Inspector General of Registration, No.100, Santhome High Road, Chenai-600 028.
2. The District Registrar, Virudhunagar Registration District, Virudhunagar District.
3. The Sub-Registrar, Pandalkudi Sub Registrar Office, Pandalkudi, Arupukkottai Taluk, Virudhunagar District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing Pandalkudi Sub-Registrar Office, the third respondent herein, to upload the petitioner's objection in the online and issue the acknowledgement receipt on the basis of the Application No.SO1LANDVV20200908397472, Transaction No REG2020009083201297, dated 08.09.2020 and the remainder dated 25.09.2020 within the stipulated period fixed by this Court.
For Petitioner : Mr.R.Rajaraman For respondents : Mr.K.Sathya Singh Additional Government Pleader ***
ORDER
This Writ Petition is filed for issuance of a direction to the third respondent herein, to upload the petitioner's objection in online and issue acknowledgement receipt on the basis of the Application No.SO1LANDVV20200908397472 and Transaction No REG2020009083201297, dated 08.09.2020 and the remainder dated 25.09.2020, within the stipulated time fixed by this Court. 1/3
2.Heard the learned Counsel appearing for the petitioner and Mr.K.Sathya Singh, learned Additional Government Pleader, who took notice for the respondents. By consent, the writ petition is taken up for disposal at the admission stage itself. 3.The learned Counsel appearing for the petitioner submitted that the grandmother of the petitioner by name Smt.Muthammal, Wife of Sankara Thevar, executed a registered Will, vide Document No.19 of 1987, dated 26.08.1987 in favour of her sons and daughters including the father of the petitioner. It is further submitted that the said properties are in possession and enjoyment of the petitioner and other sharers. In the meanwhile, one Mr.Unnamalai and Mr.Uthiradan sold their shares to third parties apart from the share of the petitioner's father. Now, the heirs of Late.Unnamalai and Mr.
Uthiradan are trying to sell the share of the petitioner's father. Therefore, the petitioner raised his objection and submitted the same before the third respondent to upload the same in the website for which he has also paid a sum of Rs.20/-. Since there is no response from the third respondent, the petitioner has come forward with this Writ Petition.
4.From the submissions of the learned Counsel appearing for the petitioner this Court is of the view that this is a family dispute which has got to be resolved before the appropriate Civil forum and depending upon the outcome of the dispute, the order/judgment/decree will be uploaded in the website. If the contention of the petitioner is accepted, the objection of the petitioner has got to be uploaded and then, there will be a cartload of similar objection with regard to various properties situate in the State and uploading of this kind of objection is not allowed under Section 89 of the Registration Act, 1908. Hence, this Court is not inclined to grant the relief as sought by the petitioner and accordingly, this Writ Petition is dismissed. However, this order will not preclude the petitioner from approaching the Civil forum to get necessary orders, certificates or statements that may be forwarded to the Registering authority which may be scanned and uploaded in the website. No costs.
Sd/- Assistant Registrar (A.E) // True Copy // / /2020 Sub Assistant Registrar(CS) SRM 2/3
To
1. The Inspector General of Registration, No.100, Santhome High Road, Chenai-600 028.
2. The District Registrar, Virudhunagar Registration District, Virudhunagar District.
3. The Sub-Registrar, Pandalkudi Sub Registrar Office, Pandalkudi, Arupukkottai Taluk, Virudhunagar District.
+1 CC to Mr.R.RAJARAMAN, Advocate ( SR-19529[F] dated 09/10/2020 ) +1 CC to the SPL GP ( SR-19575[F] dated 09/10/2020 ) 08.10.2020 VR(CO) CS(29.10.2020) 3P 6C 3/3