A. Rajendran v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN A.Rajendran ... Petitioner /Vs./

1. The District Registrar, Office of the District Registrar, Madurai North, Rajakambiram, Y.Othakadai, Madurai.

2. The Sub Registrar, Alanganallur Sub Registrar Office, Madurai District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd respondent herein to complete filed inspection and handover the petitioner's two registered Gift Settlement Deeds executed by the petitioner in favour of his son, Suresh dated 24.07.2024 vide Document Nos. 3042/2024 and 3044/2024 on the basis of the petitioner's representation dated 26.11.2024 forthwith by this Court.

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For Petitioner : Mr.M.Shakul Hameed For Respondents : Mr.D.Sadiq Raja Additional Government Pleader

ORDER

This writ petition has been filed seeking for a direction to the second respondent to conduct an inspection and value the properties, which were settled in favour of the petitioner's son, vide settlement deeds dated 24.07.2024.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. The petitioner owned the property comprised in Old S.No. 223/2D, present Natham R.S.No.797/21 measuring to an extent of 775 sq.ft., situated at Muduvarpatti Village, Vadipatti Taluk, Madurai, in which the petitioner constructed a house. Thereafter, the petitioner had also purchased another property comprised in Old S.No.223/1A, present Natham R.S.No.797/8, measuring to an extent of 861 sq.ft., situated in 2/6

the aforesaid village. The petitioner also devolved the title over the family property having patta No.563 in respect of property comprised in Old S.No.223/2C, present Natham R.S.No.797/22, measuring to an extent of 1216 sq.ft. Including 600 sq.ft., hut house situated in the aforesaid village. Thereafter, the petitioner executed settlement deeds in favour of his son and presented for registration before the second respondent. Both the documents were registered vide Document Nos. 3042/2024 and 3044/2024 dated 24.07.2024. However, both deeds are not delivered to the petitioner, since the inspection is pending by the second respondent.

4. It is seen that there is a dispute between the petitioner and his brother and therefore, the petitioner requested to return the documents without making any inspection. If the second respondent inspects the property, there will be dispute between the petitioner and his brother. However, both gift settlement deeds were registered and as such, the second respondent ought to have inspected the subject properties for the purpose of verifying the value of the building situated in the subject properties.

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5. In view of the same, the second respondent is directed to inspect the subject properties within a period of two weeks from the date of receipt of a copy of this order and pass appropriate orders in the manner known to law.

6. With the above direction, this writ petition is disposed of accordingly. No costs.

19.12.2024 Index : Yes / No NCC : Yes / No Sm 4/6

TO:-

1. The District Registrar, Office of the District Registrar, Madurai North, Rajakambiram, Y.Othakadai, Madurai.

2. The Sub Registrar, Alanganallur Sub Registrar Office, Madurai District.

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G.K.ILANTHIRAIYAN , J.

Sm Order made in Dated:

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