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Madras High Court

Mr.Vaizul Karunai vs The Inspector General Of Registration on 5 December, 2018

Author: Pushpa Sathyanarayana

Bench: Pushpa Sathyanarayana

                                                              1

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 05.12.2018

                                                         CORAM

                          THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA

                                                 W.P.No.32137 of 2018

                      Mr.Vaizul Karunai                                ...        Petitioner

                                                              ..Vs..

                      1.The Inspector General of Registration
                        Office of the Inspector General of Registration
                        Santhome High Road,
                        Mylapore, Chennai – 600 004.

                      2.The Assistant Inspector
                        General of Registration,
                        Office of the Assistant Inspector
                        General of Registration
                        Guindy, Chennai.

                      3.The Assistant Inspector
                        General of Registration,
                        Office of the Assistant Inspector
                        Kuralagam Building,
                        Parrys, Chennai.

                      4.The Sub-Registrar,
                        Office of the Sub-Registrar,
                        Neelangarai, chennai.

                      5.The Joint-I Sub-Registrar
                        Office of the Joint-I Sub-Registrar
                        Chennai North,
                        Chennai.                                       ...   Respondents


http://www.judis.nic.in
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                      Prayer: Writ petition filed under Article 226 of the Constitution of India to
                      issue a Writ of Mandamus, direct the fourth respondent to made
                      endorsement of the Memo of the petitioner Sale deed Doc No.245/2003 on
                      the file of the Joint-I Sub-Registrar, Chennai in the fourth respondent
                      Office Encumbrance Register, pertaining to the property House Site Plot
                      No.26, V.G.P.Golden Beach Part III Layout approved with Approval
                      No.LPDM/DDTP NO.150/74 comprised in S.No.15/1C of Injambakkam
                      Village, Saidapet Village, (now Sholinganallur Taluk). Kancheepuram.


                                         For Petitioner      : Mr.J.Ferozkhan

                                         For Respondents : Mr.T.M.Pappiah
                                                           Special Government Pleader

                                                          ORDER

By consent, this Writ Petition is taken up for final disposal at the stage of admission itself.

2. This Writ Petition has been filed seeking for a direction to the fourth respondent to made endorsement of the Memo of the petitioner Sale deed Doc No.245/2003 on the file of the Joint-I Sub-Registrar, Chennai, in the fourth respondent Office Encumbrance Register, pertaining to the property House Site Plot No.26, V.G.P.Golden Beach Part III Layout approved with Approval No.LPDM/DDTP NO.150/74 comprised in S.No.15/1C of Injambakkam Village, Saidapet Village, (now Sholinganallur http://www.judis.nic.in 3 Taluk). Kancheepuram.

2. The case of the petitioner is that the petitioner's father purchased the property in plot No.26, VGP Golden Beach, Part III Layout from Mrs.Zaibunisa by registered sale deed dated 15.09.2003 registered as Document No.245/2003 on the file of the Joint-II Sub Registrar, Chennai North, the fifth respondent herein. He had issued a Memo copy of the Sale Deed to the fourth respondent to enter the copy of the Sale deed Memo in the Encumbrance Register. Hence, the petitioner had requested fourth respondent seeking the particulars as to whether the Sale Deed copy of the Memo entered in the Sub Registrar Office, Neelangarai or not and if the sale deed Memo was not entered he will get a Memo from Joint-II, Sub Registrar, Chennai North and enter the same. The petitioner also sent a representation to the second respondent and fourth respondent on 23.08.2018, requesting them to enter the said Memo in the encumbrance register of the fourth respondent office, pursuant to which, the second respondent sent a letter to the fourth respondent, directing the fourth respondent to find out the genuinity of the sale deed registered in the office of the Joint-I, Sub-Registrar, Chennai North and act as per Rule 160 IV of the Registration Rule. Since, no action has been taken till date, the http://www.judis.nic.in 4 petitioner has filed this Writ Petition seeking for the aforesaid relief.

3. Mr.T.M.Pappiah, learned Special Government Pleader who accepts notice on behalf of the respondents, submits that the entry of the said Memo shall be done in the encumbrance register, made only after proper verification.

4. Considering the aforesaid facts and circumstances of the case and having regard to the submissions made, this Writ Petition is disposed of with a direction to the fourth respondent to do the verification, within a period of one week from the date of receipt of a copy of this order and thereafter enter the memo in the encumbrance register of the office of the fourth respondent, within a period of two weeks thereafter. No costs.

05.12.2018 (2/2) Index: Yes/No Internet: Yes/No Speaking Order/Non Speaking Order arr To http://www.judis.nic.in 5

1.The Inspector General of Registration Office of the Inspector General of Registration Santhome High Road, Mylapore, Chennai – 600 004.

2.The Assistant Inspector General of Registration, Office of the Assistant Inspector General of Registration Guindy, Chennai.

3.The Assistant Inspector General of Registration, Office of the Assistant Inspector Kuralagam Building, Parrys, Chennai.

4.The Sub-Registrar, Office of the Sub-Registrar, Neelangarai, chennai.

5.The Joint-I Sub-Registrar Office of the Joint-I Sub-Registrar Chennai North, Chennai.

PUSHPA SATHYANARAYANA, J.

http://www.judis.nic.in 6 arr W.P.No.32137 of 2018 (2/2) 05.12.2018 http://www.judis.nic.in 7 http://www.judis.nic.in