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Madras High CourtWP(MD)/18248/2020disposed of

Baggiyavathi Nesa Regina v. The District Registrar

2020-12-11Honourable Mr Justice S. Vaidyanathan2 pages

W.P.(MD) No.18248 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.18248 of 2020 Baggiyavathi Nesa Regina ... Petitioner -Vs1.

The District Registrar, Karaikudi, Sivagangai District.

2.

The Sub Registrar, Tirupattur Sivagangai District.

... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus to direct the 1st respondent herein to dispose of the petitioner's appeal dated 10.09.2019 on merits and in accordance with law in the light of the order dated 18.09.2015 in W.P.(MD) No.15416/2015 and order dated 26.04.2019 in W.P.(MD) No.21937 of 2018 and accept and register the petitioner's settlement deed document dated 15.07.2019 within the period stipulated by this Court.

For Petitioner : Mr.T.Ponramkumar For Respondents : Mr.K.Sathiya Singh Additional Government Pleader

ORDER

The writ petition has been filed to direct the 1st respondent herein to dispose of the petitioner's appeal dated 10.09.2019 on merits and in accordance with law in the light of the order dated 18.09.2015 in W.P.(MD) No.15416/2015 and order dated 26.04.2019 in W.P.(MD) No.21937 of 2018 and accept and register the petitioner's settlement deed document dated 15.07.2019 within the period stipulated by this Court.

2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader, who takes notice for the respondents. By consent of both sides, the writ petition is taken up for final hearing at the stage of admission itself. 3.According to the petitioner, the land in S.No.268/3 Plot No.14 was purchased by her husband vide sale deed dated 30.04.2004. After his demise, the petitioner along with her daughters executed a https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.18248 of 2020 settlement deed in favour of her elder daughter in respect of the aforesaid property. When they approached the 2nd respondent for registering the said settlement deed, the 2nd respondent refused to accept the same by quoting the circular dated 04.05.2017 issued by the Inspector General of Registration. Hence, the petitioner preferred an appeal to the first respondent. Since the appeal has not been disposed so far, the petitioner is before this Court with this writ petition for the aforesaid relief.

4.In view of the above, the first respondent is directed to dispose of the appeal dated 10.09.2019 preferred by the petitioner within a period of 90 days from the date of receipt of a copy of this order.

5.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) RR 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, Karaikudi, Sivagangai District.

2.

The Sub Registrar, Tirupattur Sivagangai District.

+1cc to the SPL GP SR.No.25070.

+1cc to Mr.T.Ponramkumar, Advocate, SR.No.25401. W.P.(MD)No.18248 of 2020 11.12.2020 KG(CO) CS(07.01.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2