Disposed

A.Ramzan Begum v. The Inspector General of Registration

Madras HC23 Dec 2020WP/19631/2020

Case brief

AI extract

What is this about?

In two writ petitions under Article 226, the High Court directed the Sub-Registrar to consider a request to register pending sale deeds for specific flats. The Court noted a pending civil suit concerning only one unrelated flat and issued a four-week timeline for the registration process regarding the disputed flats.

What did the court decide?

Directed the 3rd respondent to consider the representation and deal with the registration of the sale deeds within four weeks.

A.Ramzan Begum Vs The Inspector General of Registration — Property and Title | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 23.12.2020

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CORAM :

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THE HON'BLE MR.JUSTICE M.DURAISWAMY

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W.P.NOS.19631 & 19632 OF 2020

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A.Ramzan Begum ... Petitioner in W.P.No.19631/2020 A.Sajitha Barvin ... Petitioner in W.P.No.19632/2020

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The Inspector General of Registration, No.100, Santhome High Road, Chennai – 600 004. 2. The District Registrar, Chennai Central Registration District, Triplicane, Chennai – 600 014. 3. The Sub-Registrar, Triplicane sub Registrar Office, Triplicane, Chennai – 600 014. Prayer:-

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... Respondents in both Wps

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W.P.No.19631/2020 Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the respondents herein to consider the petitioner's representation dated 03.12.2020 by directing the 3^rd respondent to register the sale deed of pending document No.P./ Thiruvelikeni/40/2018 on 27.09.2018 executed by vendor in favour of the petitioner and release the same to the petitioner herein.

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W.P.No.19632/2020 Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the respondents herein to consider the petitioner's representation dated 03.12.2020 by directing the 3^rd respondent to register the sale deed of pending document No.P./ Thiruvelikeni/39/2018 on 27.09.2018 executed by vendor in favour of the petitioner and release the same to the petitioner herein.

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For Petitioners in both WPs : Mr.T.Gnana Banu For Respondents in both WPs : Mr.B.Kannan, Government Advocate

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https://hcservices.ecourts.gov.in/hcservices/

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COMMON ORDER

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The petitioners have filed the above Writ Petitions to issue Writs of Mandamus directing the respondents to consider the petitioners' representations dated 03.12.2020 by directing the 3^rd respondent to register the sale deeds of pending Document Nos .P./Thiruvelikeni/39/2018 and.P./Thiruvelikeni/40/2018, respectively dated 27.09.2018 executed by the vendor in favour of the petitioners and release the same to the petitioners. .

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The petitioners have filed the Writ Petitions in respect of Flat Nos. F3 and T3 respectively.

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Mr.T.Gnana Banu, learned counsel appearing for the petitioners submitted that though the documents were presented for registration on 27.09.2018, the 3^rd respondent has not registered the same yet. Further, the learned counsel submitted that in similar circumstances, this Court in W.P. No.22457 of 2019 in respect of another Flat, by order dated 09.03.2020, directed the 3^rd respondent to consider the representation made by the petitioner on 12.07.2019 and deal with the same in accordance with law and take a decision with regard to the registration of the sale deeds within a period of four weeks from the date of receipt of a copy of that order. Further, the petitioner was directed to make a fresh representation to the 3^rd respondent along with a copy of the representation dated 12.07.2019 and copy of the documents presented before the 3^rd respondent and also coy of the order passed in the Writ Petition.

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Mr.B.Kannan, learned Government Advocate taking notice for the respondents submitted that a Civil suit is also pending and therefore, the document cannot be registered by the 3^rd respondent.

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However, the learned counsel appearing for the petitioners submitted that the suit in C.S.No.358 of 2018 on the file of this Court has been filed only in respect of Flat No.F1 and not in respect of F3 and T3. That apart, the learned counsel also submitted that the petitioner in C.S.No.358 of 2018 has got an order of interim injunction only in respect of Flat No.F1 and not in respect of F3 and T3.

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In these circumstances, in view of the submissions made by the learned counsel for the petitioners, I direct the 3^rd respondent to consider the petitioners' representations dated 03.12.2020 and deal with the same in accordance with law and take a decision with regard to the registration of the sale deeds within a period of four weeks from the date of receipt of a copy of this order.

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https://hcservices.ecourts.gov.in/hcservices/

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With these observations, the Writ Petitions are disposed of. No costs.

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Sd/Assistant Registrar(CS VI)

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//True Copy//

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Sub Assistant Registrar
Rj
To
1. The Inspector General of Registration,
No.100, Santhome High Road,
Chennai – 600 004.
2. The District Registrar,
Chennai Central Registration District,
Triplicane, Chennai – 600 014.
3. The Sub-Registrar,
Triplicane sub Registrar Offaice,
Triplicane, Chennai – 600 014.
+2cc to Mr.T.Gnana Banu, Advocate, S.R.No.42886 & 42887
+1cc to the Government Pleader, S.R.No.43133
W.P.Nos.19631 & 19632 of 2020
AK(CO)
CS/19/01/2021

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https://hcservices.ecourts.gov.in/hcservices/

A.Ramzan Begum v. The Inspector General of Registration

Case brief

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A.Ramzan Begum v. The Inspector General of Registration

Case brief

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