V.Jeyaprakasham v. The District Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR V.Jeyaprakasham ... Petitioner /vs./ 1.The District Registrar, Sivagangai District, Sivagangai.
2.The Sub Registrar Joint II, Sub Registrar Office, Sivagangai, Sivagangai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to return the Document of MOD Memorandum of Deed registered in the office of the 2nd respondent under Document Registration No.p/2 Joint Sub Registrar/79/2019 Sivagangai dated 24.10.2019.
For Petitioner : Mr.F.Deepak For Respondents : Mr.V.Anand Government Advocate
ORDER
Mr.F.Deepak, learned counsel on record for writ petitioner and Mr.V.Anand, learned Government Advocate, who accepts notice on behalf of both the respondents are before this Court.
2. With consent of learned counsel on both sides ie., learned counsel for writ petitioner and learned State counsel, main writ petition is taken up, heard out and is being disposed of.
3. Subject matter of instant writ petition is a document which is tiled as MOD Document. This Court is informed that 'MOD document' refers to Memorandum of Deposit of title deeds document. This MOD document was presented for registration in the office of the second respondent on 24.10.2019 and a receipt has been duly issued by the second respondent being Receipt No.4696/19 which is as 1/3
follows:
4. Learned counsel for writ petitioner submits that the respondents have to take a decision one way or the other and cannot hold the document in perpetuity and not return it. 2/3
5. Faced with the above situation, learned State counsel on instructions submits that a decision will be taken within one (1) week from today ie., on on before 14.11.2019.
6. If decision is taken in favour of writ petitioner, MOD document referable to Registration No.p/2 Joint Sub Registrar/79/2019 Sivagangai vide receipt No.4696/2019 dated 24.10.2019 shall be returned to the writ petitioner. If any other decision is taken, copy of the order shall be communicated to writ petitioner under due acknowledgement within seven (7) working days from the date of the decision.
7. Writ Petition is disposed of recording aforesaid stated position of the learned State counsel and with the aforesaid direction. No costs.
Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) sm To 1.The District Registrar, Sivagangai District, Sivagangai.
2.The Sub Registrar Joint II, Sub Registrar Office, Sivagangai, Sivagangai District.
+1 CC to M/s.F.DEEPAK, Advocate ( SR-96855[F] dated 08/11/2019 ) +1 CC to M/s.F.DEEPAK, Advocate ( SR-96812[F] dated 07/11/2019 ) Order made in Dated: 07.11.2019 JMN(08.11.2019) 3P : 5C 3/3