Allowed

Jayapaul D.S v. The Inspector General of Registration

Madras HC6 Jul 2021WP(MD)/107/2021

Case brief

AI extract

What is this about?

Petitioner sought writ of mandamus directing the Sub Registrar to register and release a settlement deed in favour of his wife. Court directed the respondent to entertain the document submitted with patta and revenue records, register it if in order, and release it after payment of charges.

What did the court decide?

Direction to third respondent to entertain document with patta, register if in order subject to stamp duty and charges, and release after registration.

Jayapaul D.S Vs The Inspector General of… — Contract and Commercial Disputes | Madras HC (2021)

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W.P.(MD).No.107 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 06.07.2021

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CORAM :

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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W.P.(MD).No.107 of 2021

D.S.Jayapaul

... Petitioner

Vs.

1.The Inspector General of Registration, O/o. The Inspector General of Registration, 100, Santhome High Road, Foreshore Estate, Chennai – 600 028.

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2.The District Registrar, Cheranmahadevi Registration Office, Cheranmahadevi, Tirunelveli District.

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3.The Sub Registrar, Kadayam Sub Registration Office, Tenkasi Taluk, Tenkasi District. ... Respondents

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Prayer : This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3^rd respondent to register and release the Deed of Settlement executed by the petitioner in favour of his wife in respect of the house property situated in Survey Nos.254/1A 13, 254/1A 14 and 254/1A 15 in Patta Nos.1417 and 1416 to an extent of 15 cents, 2 cents and 12 cents respectively on the file of the 3^rd respondent based on the petitioner's representation made to the respondents dated 05.09.2020 within the time limit that may be stipulated by this Court.

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For Petitioner : Mr.G.Thalaimutharasu

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For Respondents : Mr.R.Sureshkumar Government Advocate

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ORDER

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This writ petition has been filed for the issue of a Writ of Mandamus, directing the third respondent to register the settlement deed executed by the petitioner in favour of his wife and to release the document after registration.

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

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W.P.(MD).No.107 of 2021

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2.The learned Government Counsel based on the instructions received from the third respondent submitted that the petitioner did not present the document along with the patta and if the document is presented along with the patta, the same will be considered and if it is otherwise in order, the document will be registered.

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3.Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Counsel, there shall be a direction to the third respondent to entertain the document submitted by the petitioner along with the patta and other revenue records and if the document is otherwise in order, the respondent shall proceed to register the document subject to the payment of necessary stamp duty and the registration charges. The document shall be released after registration.

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4.This writ petition is disposed of with the above directions. No costs.

// True Copy //

NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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1.The Inspector General of Registration, O/o. The Inspector General of Registration, 100, Santhome High Road, Foreshore Estate, Chennai – 600 028.

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2.The District Registrar, Cheranmahadevi Registration Office, Cheranmahadevi, Tirunelveli District.

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

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W.P.(MD).No.107 of 2021

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3.The Sub Registrar, Kadayam Sub Registration Office, Tenkasi Taluk, Tenkasi District. +1 CC to M/s.SPL GP ( SR-21519[F] dated 07/07/2021 )

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Order made in

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W.P.(MD).No.107 of 2021

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06.07.2021

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MGJ(15.07.2021) 3P 5C

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

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Jayapaul D.S v. The Inspector General of Registration

Case brief

What is this about?

What did the court decide?

Jayapaul D.S v. The Inspector General of Registration

Case brief

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