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Madras High CourtWP(MD)/24521/2022disposed of

Vengadesan.A v. The District Collector

2022-11-11Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN A.Vengadesan ... Petitioner Vs 1.The District Collector, Thanjavur District.

2. The District Registrar, District Registrar Office, Tamil University Post, Thanjavur District.

3. The Sub-Registrar, Sub registrar Office Thiruvaiyaru, Thiruvaiyaru Taluk, Thanjavur District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to pass an order to the 3rd respondent to register the sale deed without DTCP approval under IGR circular no.52889/C.1/2019 in temporary No.TP/99161090/2021, dated on 08.02.2021 bearing Survey number 33/4A2A2A situated at Kalyanapuram 1st sethi revenue village, Thiruvaiyaru Taluk, Thanjavur District and original guideline value Rs.2160 per square meter. 1/5

For Petitioner : Mr.M.Vivek For Respondents : Mr.S.R.A.Ramachandran, Additional Government Pleader

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, to pass an order to the 3rd respondent to register the sale deed without DTCP approval under IGR circular no.52889/C.1/2019 in temporary No.TP/99161090/2021 dated on 08.02.2021 bearing Survey number 33/4A2A2A situated at Kalyanapuram 1st sethi revenue village, Thiruvaiyaru Taluk, Thanjavur District and original guideline value Rs.2160 per square meter.

2.Heard Mr.M.Vivek, learned Counsel appearing for the petitioner, Mr.S.R.A.Ramachandran, learned Additional Government Pleader appearing for respondents.

3.The learned counsel appearing for the petitioner would submit that the petitioner purchased a empty house site plot admeasuring 134 square meter from Ramanathan in survey number 33/4A2A2A situated at Kalyanapuram 1st Sethi revenue village, Thiruvaiyaru Taluk, Thanjavur District. He approached the third respondent to register the sale deed, dated 08.02.2021. Five more persons had purchased a empty 2/5

house site plot from Ramanathan in same survey number. They also tried to register the sale deed on the same day. The third respondent imposed certain conditions without allowing the registration of the sale deed. The third respondent has stated that all sale deeds cannot be registered now, however, he will register only two sale deed and that is only if pay the guideline value is Rs.3230 per square meter. Finally, the third respondent registered only two sale deeds (document number 223/2021, 224/2021) and he rejected the petitioner's sale deed in same survey number. Thereafter, some more sale deeds have been registered in same survey number with low guideline value. Again, he requested the third respondent to register his sale deed. But, the third respondent refused to do so. Hence, the petitioner has approached this Court by way of filing the present Writ Petition for the relief stated supra.

4. The learned Additional Government Pleader appearing for the respondents would submits that appropriate direction may be given to the respondents to consider the request of the petitioner by following the Government Letter dated 16.03.2020 and Inspector General of Registration Circular, dated 18.03.2020, in accordance with law, within a time frame.

5. Considering the limited scope of the prayer sought for by the petitioner, this Court, without going into the merits of the matter, directs the third respondent to 3/5

consider the request of the petitioner by following the Government Letter dated 16.03.2020 and Inspector General of Registration Circular, dated 18.03.2020 and pass appropriate orders as per law, within a period of eight (8) weeks from the date of receitp of a copy of this order. No costs.

Index : Yes/No am 11.11.2022 To 1.The District Collector, Thanjavur District.

2. The District Registrar, District Registrar Office, Tamil University Post, Thanjavur District.

3. The Sub-Registrar, Sub registrar Office Thiruvaiyaru, Thiruvaiyaru Taluk, Thanjavur District.

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V.BHAVANI SUBBAROYAN, J.

am 11.11.2022 5/5