R. Gowri, v. The Sub-Registrar, No.I,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.9375 of 2011 and M.P.(MD)No.1 of 2011 R.Gowri : Petitioner Vs.

The Sub-Registrar, No.I, Officer of the Sub-Registrar Office, No.I, Kumbakonam, Thanjavur District.

: Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondent to release the gift deed dated 02.02.2011 registered as Document Number P.201100008 (Book I) on the file of the Sub Registrar, Kumbakonam, the respondent herein in respect of the property situate in T.S.Nos.1977/1, 1972/2 and 1977/3 in D.No.104 and 105 of an extent of 9216 sq. ft which is situate at T.S.R.Big Street, Municipal Ward No.2, Kumbakonam Town, Thanjavur District. For Petitioner : Mr.A.P.Thirugnanam For Respondent : Mr.Aayiram K.Selvakumar, Government Advocate

ORDER

The petitioner filed this Writ Petition to direct the respondent to release the gift deed stated to have been registered on 02.02.2011.

2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondent.

3. Even as per the affidavit filed in support of the Writ Petition, the document was kept as a pending document. There is no question of directing the respondent to release the document, which remain an unregistered document.

4. The respondent is directed to inform the petitioner the reason for keeping the document pending.

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5. There shall be a direction to the respondent to consider and

dispose of the representation submitted by the petitioner on 23.06.2011 on merits and as per law. However, I make it clear that this direction shall not be construed to be a positive order to register the gift deed. Such exercise shall be completed, within a period of four weeks from the date of receipt of a copy of this order.

6. The Writ Petition is disposed of with the above direction. No costs. Consequently, the connected m.p. is closed. Sd/- Assistant Registrar (Writ) /True Copy/ Sub Assistant Registrar SML To The Sub-Registrar, No.I, Officer of the Sub-Registrar Office, No.I, Kumbakonam, Thanjavur District.

+1 cc to Mr.S.Siva Thilakar ,Advocate, Sr.No: 49564 +1cc to M/S Special Government Pleader, Sr No. 50204 JAM/SKS-RR/23.09.16/ 2P-4C Order made in W.P.(MD)No.9375 of 2011 Dated: 02.09.2016 https://hcservices.ecourts.gov.in/hcservices/