Thavakkal Batsha.M v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN M.Thavakkal Batsha ..Petitioner Vs 1.The District Collector, Thanjavur District.
2.The District Registrar, The 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, directing the third respondent to register the Settlement deed without DTCP approval under IGR circular No.5288/rp.1/2019 in Temporary No.TP/116349642/2022, dated 06.04.2022 bearing survey number 460/4J 1/5
situated at Melathiruppunthuruthi revenue village, Thiruvaiyaru Taluk, Thanjavur District.
For Petitioner :Mr.M.Vivek For R1 to R3 :Mr.K.S.Selvaganesan Additional Government Pleader
ORDER
The Petitioner has filed this Writ Petition seeking a direction to the third respondent to register the Settlement deed without DTCP approval under IGR circular No.5288/rp.1/2019 in Temporary No.TP/116349642/2022, dated 06.04.2022 bearing survey number 460/4J situated at Melathiruppunthuruthi revenue village, Thiruvaiyaru Taluk, Thanjavur District.
2.Heard Mr.M.Vivek, learned Counsel appearing for the petitioner and Mr.K.S.Selvaganesan, learned Additional Government Pleader appearing for the respondents.
3.The learned counsel appearing for the petitioner would submit that the petitioner has decided to gave his house site property in survey number 460/4J situated at Melathiruppunthuruthi revenue village, Thiruvaiyaru Taluk, Thanjavur District to his legal heirs through a settlement deed. He approached the third respondent to register 2/5
the three settlement deeds dated 06.04.2022. The third respondent contended that the deeds could not be allowed without a direct inspection of the house. The third respondent came to inspect his house on that day. He approached the third respondent to register the three settlement deeds. But, the third respondent registered only one settlement deed written in the name of his elder daughter and the other settlement deeds are not registered. Again, he requested to register the balance settlement deed, but no action was taken to register the balance settlement deed. Hence, the petitioner has approached this Court by way of filing the present writ petition for the above said relief. 4.
The learned Additional Government Pleader appearing for the respondents would submit that appropriate direction may be given to the third respondent to register the Settlement deed, in accordance with law, within a time frame. 5.Considering the limited scope of the prayer sought for by the petitioner, without going into the merits of the matter, this Court directs the third respondent to look into the photographs and field inspection to be conducted and thereafter register the said document as expeditiously as possible as already there is an existing road and proper construction have been done by the earlier purchaser.
6.This Writ Petition stands disposed of with the above directions. No costs. Index : Yes/No am 25.11.2022 To 1.The District Collector, Thanjavur District.
2.The District Registrar, The 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 25.11.2022 5/5