Madras High CourtWP(MD)/21416/2021disposed of

Thangavelu.V v. The Deputy Inspector General Of Registration

2021-12-03Honourable Mr Justice C.V. Karthikeyan2 pages

W.P(MD)No.21416 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD)No.21416 of 2021 V.Thangavelu ... Petitioner Vs.

1.The Deputy Inspector General of Registration, District Registrar Office, Rajakambiram, Y.Oththakadai, Madurai District.

2.The District Registrar, Madurai North, Rajakambiram, Y.Oththakadai, Madurai 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 second respondent to consider the petitioner's representation dated 04.10.2021, requesting the second respondent to make field inspection in respect of the property covered under the registered sale deed document No.3870/2021 dated 07.09.2021 and to release the above said original document to the petitioner within a time limit fixed by this Court.

For Petitioner : Mr.Narendravasan PT.S.

For Respondents : Mr.S.Kameswaran, Government Advocate

ORDER

The petitioner, entered into an agreement of sale and instituted a suit for specific performance. To the fortune of the petitioner he also obtained a decree of specific performance. However, he also had to go through the execution process and finally the concerned Court executed a sale deed in favour of the petitioner on 07.09.2021. The sale deed was presented for registration. It was registered as Sale Deed document No.3870 of 2021 by the second respondent. There is also a building. Naturally, personal inspection of the building has to be done to determine the value and cost of construction. The grievance of the petitioner is that the second respondent has not conducted that particular exercise. 2.

A direction is given to the second respondent to do personal inspection and evaluate the building and determine whether any additional stamp charges or registration fees are payable. If so, the second respondent may call upon the petitioner to pay them. The petitioner may take a decision thereafter, to pay such demand. The second respondent is under an obligation to conduct such personal inspection and the exercise shall be done on or before 31.12.2021. https://hcservices.ecourts.gov.

W.P(MD)No.21416 of 2021 3.With this observation, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) pnn 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 Deputy Inspector General of Registration, District Registrar Office, Rajakambiram, Y.Oththakadai, Madurai District.

2.The District Registrar, Madurai North, Rajakambiram, Y.Oththakadai, Madurai District.

+1 CC to M/s.K.PERIYASAMY, Advocate ( SR-37366[F] dated 06/12/2021 ) +1 CC to M/s.SPL GP ( SR-37389[F] dated 06/12/2021 ) W.P(MD)No.21416 of 2021 03.12.2021 NA(CO) GC(13.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2