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Madras High CourtWP(MD)/13258/2024disposed of

Balusamy v. The Inspector General Of Registration

2024-12-16Honourable Mr Justice G.K. Ilanthiraiyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN 1.Balusamy 2.Janaki 3.Jannasi ... Petitioners Vs 1.The Inspector General of Registration, O/o.The Inspector General of Registration, Chennai.

2.The District Registrar, O/o.The District Registrar, Sivagangai District.

3.The Sub Registrar, Joint Sub Registrar Office No.1, Sivagangai District. 4.The Revenue Divisional Officer, Sivagangai.

5.Iyyavu ... Respondents (RR 4 & 5 are suo motu impleaded vide order dated 21.06.2024 in W.P(MD)No.13258 of 2024) PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents to return the petitioners' registered original sale deed as per section 60(2) of the Registration Act, 1908 from the third respondent office vide receipt No.1433 of 2024 dated 03.05.2024 based on the petitioners representations dated 04.06.2024 and 12.06.2024 within the stipulated time fixed by this Court. 1/5

For Petitioners : Mr.R.Senthilkumar For RR 1 to 4 : Mr.D.Sadiq Raja Additional Government Pleader For R - 5 : Mr.R.Suriya Narayanan

ORDER

This Writ Petition has been filed by the petitioners for a direction directing the respondents to return the petitioners' registered original sale deed as per section 60(2) of the Registration Act, 1908 from the third respondent dated 03.05.2024 based on the petitioners' representations dated 04.06.2024 and 12.06.2024. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The petitioners presented the sale deed dated 03.05.2024 for registration before the third respondent. The third respondent received an objection from the fifth respondent in respect of the patta dispute between the petitioners' vendors and the fifth respondent. Therefore, the third respondent kept the document as a pending document without passing any order. 2/5

4.On perusal of the counter-affidavit filed by the third respondent would reveal that enquiry is pending on the file of the fourth respondent without passing any order. Therefore, the third respondent has kept the document pending and has not released it so far.

5.In view of the above, the third respondent is directed to pass orders on the document presented by the petitioners either by issuance of a refusal check slip or by registration, within a period of two weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

16.12.2024 (1/2) NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5

To 1.The Inspector General of Registration, O/o.The Inspector General of Registration, Chennai.

2.The District Registrar, O/o.The District Registrar, Sivagangai District.

3.The Sub Registrar, Joint Sub Registrar Office No.1, Sivagangai District.

4.The Revenue Divisional Officer, Sivagangai.

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G.K.ILANTHIRAIYAN, J.

ps Order made in 16.12.2024 (1/2) 5/5