Ponmari. K v. The Inspector General Of Registration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2021
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.20125 of 2021 K.Ponmari ... Petitioner Vs.
1.The Inspector General of Registration, No.100, Santhom, High Road, Mullima Nagar, Mandavelipauckam, Rajaannamalaipuram, Chennai-600 028.
2.The Deputy Inspector General of Registration, Integrated Complex of Registration Department, TNAU Nagar, Thirumoghur Road, Rajagambeeram, Y.Othakadai, Madurai-625 107.
3.The District Registrar (Administration) (In the rank of Assistant Inspector General of Registration) Collectorate Campus, Dindigul, Dindigul District.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent herein to consider and take the appeal petition dated 27.09.2021 filed by the petitioner and to conduct enquiry as contemplated under Section 68 of the Registration Act 1908 for the non compliance of Section 61(2) of the Registration Act, 1908 by the Sub-Registrar, Nagalnaickanpatti, Dindigul, Dindigul District in handing over the registered gift settlement deed executed by the petitioner and her daughters in favour of petitioner's son namely K.Alagarsamy, dated 21.11.2020 under Document No.6511/2020 to one of its executants.
For Petitioner : Mr.A.Saravanan For Respondents : Mr.D.Gandhiraj Special Government Pleader 1/3
ORDER
It is stated that touching on the same issue, the petitioner has already filed W.P(MD)No.328 of 2021.
2. The relief sought for in that particular writ petition was a mandamus directing the second respondent, namely, the Sub Registrar, Nagalnayakkanpatti Sub Registrar Office at Dindigul to deliver and hand over the registered gift settlement deed, dated 19.11.2020, registered on 21.11.2020 as document No.6511/2020 to the petitioner or to the petitioner's son namely K.Alagarsamy, who is the beneficiary of the document.
3. It appears that the Sub Registrar, by proceedings dated 11.01.2021, on perusal of a representation dated 23.12.2020 given by the petitioner herein which is found in the reference No.2 of the said proceedings had handed over the document to one Malliga, who is the one of the daughters of the petitioner. Since already a writ petition is pending, a second writ petition cannot be entertained. If any relief is to be incorporated, the petitioner has to make necessary amendment by incorporating the relief in the first writ petition.
4. With the above observation, the writ petition is dismissed. No costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) am 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 Inspector General of Registration, No.100, Santhom, High Road, Mullima Nagar, Mandavelipauckam, Rajaannamalaipuram, Chennai-600 028.
2/3
2.The Deputy Inspector General of Registration, Integrated Complex of Registration Department, TNAU Nagar, Thirumoghur Road, Rajagambeeram, Y.Othakadai, Madurai-625 107.
3.The District Registrar (Administration) (In the rank of Assistant Inspector General of Registration) Collectorate Campus, Dindigul, Dindigul District.
+1 CC to M/s.A.SARAVANAN, Advocate ( SR-33990[F] dated 10/11/2021 ) +1 CC to M/s.SPL.GP ( SR-34097[F] dated 11/11/2021 ) W.P(MD).No.20125 of 2021 10.11.2021 TSK(CO) KB(25.11.2021) 3P 6C 3/3