Usha Ramanathan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.07.2020
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.18261 of 2019 Usha Ramanathan
...Petitioner
Vs 1.The State of Tamilnadu, represented through its Principal Secretary and Commissioner of Land Administration, Chepauk, Chennai.
2.The Inspector General of Registration, 100, Santhome High Road, Chennai - 28.
3.The District Collector, 4.The Revenue Divisional Officer, Devakottai, 5.The District Registrar, Karaikudi, 6.The Sub Registrar, Karaikudi,
...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 6th respondent herein to receive the document for registration and register the same, whenever submitted by the petitioner in respect of property in Plot Nos.10, 11, 14 plots, shops and Kalyanamandapam in Survey No.65/21 at Kalanivasal Village, Karaikudi Taluk, Sivagangai District.
For Petitioner : Mr.AL.Kannan For Respondents : Mr.V.Anand Government Advocate 1/3
ORDER
This writ petition is filed to direct the 6th respondent to receive the document being submitted by the petitioner for registration and to register the same in respect of property of Kadai plots in Plot Nos.10, 11 and 14 and Kalyanamandapam in S.No.65/21 situated at Kalanivasal Village, Karaikudi Taluk, 2.Heard Mr.A.L.Kannan, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate appearing for the respondents.
3.It is a case of the petitioner that from one T.R.Subbaiah, she purchased the property of Kadai plots in Plot Nos.10, 11 and 14 and Kalyanamandapam in S.No.65/21 situated at Kalanivasal Village, Karaikudi Taluk, Sivagangai District. After purchasing the aforesaid property, necessary documents were prepared and presented before the 6th respondent for registration of the same by the petitioner. However, the 6th respondent had refused to register the document. Hence, the petitioner is before this Court.
4.The learned counsel appearing for the petitioner would submit that in respect of the aforesaid property, a similar request made by T.R.Subbaiah has been considered by this Court in W.P.(MD) No.15282 of 2015 on 25.08.2015, directing the 6th respondent therein to register the document in the manner known to law, as and when the petitioner therein present the document for registration, if the same are in order. Narrating all the aforesaid facts, the petitioner herein had submitted a representation dated 23.07.2019 to the respondents. But, on such representation no action has been taken. Hence, the present writ petition.
5.The learned Government Advocate appearing for the respondents would submit that by taking note of the aforesaid order passed in W.P.(MD) No.15282 of 2015 dated 25.08.2015, if the petitioner produces all the necessary documents, her representation dated 23.07.2019 would be considered on merits and in accordance with law. 6.In agreement with the submission made by the learned Government Advocate, without expressing any opinion on the merits of the case, this Court is inclined to pass the following directions:- i) The 6th respondent is directed to consider the petitioner's representation dated 23.07.2019 and pass appropriate orders, by taking note of the order passed in W.P.(MD) No.15282 of 2015 dated 25.08.2015, within a period of 8 weeks from the date of receipt of a copy of this order.
ii) The petitioner is directed to produce all the relevant 2/3
documents before the 6th respondent and to enclose a copy of this order along with such representation.
7.This Writ Petition is disposed of, with the above directions. No costs.
Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) mm 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 Principal Secretary and Commissioner of Land Administration, Chepauk, Chennai.
2.The Inspector General of Registration, 100, Santhome High Road, Chennai - 28.
3.The District Collector, 4.The Revenue Divisional Officer, Devakottai, 5.The District Registrar, Karaikudi, 6.The Sub Registrar, Karaikudi, W.P.(MD) No.18261 of 2019 24.07.2020 KK(04.08.2020) 3 P 7C 3/3