Aachiyammal, W/O.Naatrayan v. The Inspector General Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Aachiyammal 2.Saraswathi 3.Kamalaathal .. Petitioners Vs.
1.The Inspector General of Registration, Santhome, Chennai.
2.The District Registrar, Dindigul District, Dindigul.
3.The Sub Registrar, Vedachandur, Dindigul District.
4.The Joint Commissioner/Executive Officer, Arulmigu Dhandayudhapani Samy Thirukoil, Palani, Dindigul District.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the 1st respondent to
consider the petitioner's representation dated 23.02.2015 to register the document of the petitioners in respect of the property comprised in V.Pudhukottai Village, Taluk 08.06 Taluk S.No.397/3 with an extent of 11 acres 52 cents.
For Petitioners :
Mr.D.Rajagopal For R1 to R3 :
Mr.D.Sadiq Raja Additional Government Pleader For R4 :
Mr.R.Murali
ORDER
This writ petition has been filed directing the first respondent to consider the petitioners' representation dated 23.02.2015 and register the document relating to a property in S.No.397/3 at V.Pudhukottai Village.
2. It is brought on record that the property belongs to Palani Dhandayudhapani Samy Temple and therefore, there is an objection from the side of the fourth respondent.
3. It is to be noted that a Division Bench of this Court in the case of Sudha Ravi Kumar Vs. The Special Commissioner and Commissioner, Hindu Religious and Charitable Department, Chennai reported in 2017 (3) CTC 135, had held that by invoking powers under Section 22-A of the Registration Act, 1908, Registering Authority shall issue notice to the claimant/executant of the document and thereafter, pass appropriate orders. The petitioners herein had sought for a mandamus to register a document that is to be presented by them.
4. In view of the law laid down by the Division Bench of this Court, cited supra, there shall be a direction to the third respondent to issue notice to the respective parties viz., the petitioners and the fourth respondent and thereafter, pass orders on merits and in accordance with law. Such exercise shall be made by the third respondent within a period of four weeks from the date of document for registration from the petitioners.
5. With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs.
10.12.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Inspector General of Registration, Santhome, Chennai.
2.The District Registrar, Dindigul District, Dindigul.
3.The Sub Registrar, Vedachandur, Dindigul District.
K.KUMARESH BABU, J.
abr Dated: 10.12.2024