Madras High Court
V.Vignesh vs The Inspector General Of Registration on 26 April, 2024
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
W.P.Nos.11742 & 11743 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
W.P.Nos.11742 and 11743 of 2024
V.Vignesh .. Petitioner in W.P.No.11742/2024
G.Rajiv Gandhi .. Petitioner in W.P.No.11743/2024
Versus
1. The Inspector General of Registration,
No.100, Santhome Highway Road,
Chennai 600 028.
2. The Sub Registrar,
Vadamadurai,
Dindigul District. .. Respondents in both W.P.s
Common Prayer: Writ Petitions are filed under Article 226 of the Constitution
of India praying to issue Writ of Mandamus, directing the 2nd respondent
herein to comply with the orders of the 1st respondent herein passed in
Nos.17806/CA2/2022 dated 26.09.2022 and No.16914/CA2/2022 dated
30.09.2022 respectively.
For Petitioner : Mr.S.V.Karthikeyan
For Respondents : Mr.L.S.M.Hasan Fizal
https://www.mhc.tn.gov.in/judis
Additional Government Pleader
1/5
W.P.Nos.11742 & 11743 of 2024
COMMON ORDER
By consent of both sides, both the Writ Petitions are taken up for final disposal at the admission stage itself.
2. These writ petitions have been filed for a direction to the second respondent to comply with the orders of the first respondent passed in Nos.17806/CA2/2022 dated 26.09.2022 and No.16914/CA2/2022 dated 30.09.2022 respectively.
3. It is the case of the writ petitioners that each of them have purchased a property in S.No.814 part, New S.No.897/32, Singampatti Village, from Velusami and Ammakannu vide sale deed dated 25.08.2021 and S.No.395 part, New S.No.395/7, Singampatti Village, from Rajinikanth & Jayalakshmi, which were executed by the vendors of the petitioners' and the same were presented for registration in the office of the second respondent on 25.08.2021 and 28.06.2021 respectively. Since Annexure 1-A form was also enclosed with the sale deeds, the second respondent after verification, assigned Doc.Nos.P/127/2021 and P/92/2021 to the sale deeds dated 25.08.2021 and 28.06.2021 respectively and kept the documents pending for inspection and valuation of house property. Thereafter, the documents were neither registered, https://www.mhc.tn.gov.in/judis 2/5 W.P.Nos.11742 & 11743 of 2024 released nor denied registration. Hence, the petitioners filed W.P.Nos.11889 and 11956 of 2022 after making a representation to the first respondent. The 1st respondent after enquiry, by orders dated 26.09.2022 and 30.09.2022, have directed the 2nd respondent to conduct enquiry and release the documents if it were in order or to pass orders declining registration. Since no orders have been passed by the 2nd respondent, the petitioners have come out with the present Writ Petitions.
4. Heard learned counsel for the petitioners in both the Writ Petitions as well as the learned Special Government Pleader appearing for the respondents and perused the materials available on record.
5. It is the contention of the writ petitioners that though they have presented the documents viz., sale deeds on 25.08.2021 and 28.06.2021, still it has not been registered. In this regard, the first respondent also passed orders dated 26.09.2022 and 30.09.2022 respectively, directing the second respondent to hold an enquiry and register the documents. Despite such orders, the documents have not been registered. Learned Additional Government Pleader appearing for the respondents, on instructions, stated that as only xerox copies of the patta are produced and as the petitioners have not produced the original https://www.mhc.tn.gov.in/judis 3/5 W.P.Nos.11742 & 11743 of 2024 documents, the same are returned and further submitted that if the documents are re-presented, they will register the documents as per law. Therefore, the petitioners are directed to re-present the Doc.Nos.P/127/2021 and P/92/2021 dated 25.08.2021 and 28.06.2021 respectively within a period of a week from the date of receipt of a copy of this order and the second respondent/Sub- Registrar shall register those documents within a week thereafter.
6. With the above observation, both the Writ Petitions are disposed of. No costs.
26.04.2024 gsa Index : Yes/No Internet : Yes/No To,
1. The Inspector General of Registration, No.100, Santhome Highway Road, Chennai 600 028.
2. The Sub Registrar, Vadamadurai, Dindigul District.
https://www.mhc.tn.gov.in/judis 4/5 W.P.Nos.11742 & 11743 of 2024 N. SATHISH KUMAR, J.
gsa W.P.Nos.11742 and 11743 of 2024 26.04.2024 https://www.mhc.tn.gov.in/judis 5/5