Selvaraj P v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)No.15879 of 2021 P.Selvaraj ... Petitioner Vs 1.The Inspector General of Registration, No.100, Santhome High Road, Foreshore Estate, Pattinapakkam, Chennai - 600 028.

2.The Joint Sub-Registrar No.1, Sub-Registrar Office, Marthandam, Kanyakumari District.

3.The Government of Tamil Nadu, Represented through the Secretary to Government, Commercial Taxes and Registration Department, Fort St. George, Chennai.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating the proceedings No.01/2021 (P.P/Marthandam Joint 1/1/2001) dated 09.08.2021 passed by the second respondent and quash the same as illegal and further direct the respondent to register the certified copy of the final decree dated 12.12.1995 passed in the I.A.No.1705 of 1974 in O.S.No.498 of 1962 on the file 1/5

of the Additional District Munisif Court, Kuzhithurai and the decree dated 15.02.2019 passed in the appeal in A.S.No.64 of 1996 on the file of the Subordinate Judge, Kuzhithurai on payment of registration charges alone without insisting for payment of any stamp duty and without insisting on the period of Limitation Under Section 23 of the Registration Act, 1908.

For Petitioner : Mr.V.M.Balamohan Thampi For Respondents : Mr.S.P.Maharajan Special Government Pleader

ORDER

This Writ Petition has been filed by the petitioner challenging the proceedings of the second respondent dated 09.08.2021 and further direct the respondent to register the certified copy of the final decree dated 12.12.1995 passed in the I.A.No.1705 of 1974 in O.S.No.498 of 1962 on the file of the Additional District Munisif Court, Kuzhithurai and the decree dated 15.02.2019 passed in the appeal in A.S.No.64 of 1996 on the file of the Subordinate Judge, Kuzhithurai on payment of registration charges alone without insisting for payment of any stamp duty and without insisting on the period of Limitation Under Section 23 of the Registration Act, 1908.

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2.When the matter is taken up for hearing today, the learned counsel appearing for the petitioner submitted that the sole petitioner died.

3.In view of the above, this Writ Petition is dismissed as abated. However, the legal representatives of the deceased petitioner are at liberty to substitute themselves on behalf of the deceased petitioner. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. 09.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5

To 1.The Inspector General of Registration, No.100, Santhome High Road, Foreshore Estate, Pattinapakkam, Chennai - 600 028.

2.The Joint Sub-Registrar No.1, Sub-Registrar Office, Marthandam, Kanyakumari District.

3.The Secretary to Government, Government of Tamil Nadu, Commercial Taxes and Registration Department, Fort St. George, Chennai.

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G.K.ILANTHIRAIYAN, J.

ps Order made in 09.01.2025 5/5