Disposed

S.Mahalakshmi v. The Inspector General of Registration

Madras HC18 Jul 2023WP/2571/2023

Case brief

AI extract

What is this about?

This writ petition challenged a registration order refusing to register documents due to a temple's objection. The court directed the District Collector to expedite the inquiry and decide ownership issues before the registering authority can act.

What did the court decide?

The District Collector is directed to expedite inquiry proceedings and decide issues on merits; registering authority to act only after resolution.

S.Mahalakshmi Vs The Inspector General of Registration — Property and Title | Madras HC (2023)

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W.P.No.2571 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 18.07.2023

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CORAM

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

W.P.No.2571 of 2023

S.Mahalakshmi

... Petitioner

Vs.

1.The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai 600 028.

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2.The District Revenue officer, Tirupur District.

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3.The Sub Registrar, Nallur Office of the Sub Registrar, Nallur, Nallur Taluk, Tirupur District.

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4.Arulmighu Viswanathaswamy and Visalakshmi, Subramania Swamy Temple, Represented by its Executive Officer, Nallur, Tirupur District 641 606.

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... Respondents

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Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, calling for the entire records in connection with the impugned proceedings of the 3rd respondent dated 24.11.2022, quash the same and consequentially directing the 3rd respondent to register pending documents in P.No.160/2020.

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https://www.mhc.tn.gov.in/judis

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W.P.No.2571 of 2023

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For Petitioner	: M/s.V.Srikanth
For Respondents	:
(R1 & R3)	: Mr.D.Ravichander
	Special Government Pleader.
(R4)	: Mr.R.Rajesh Vivekananthan

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O R D E R

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The writ on hand has been instituted questioning the validity of the

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order passed by the third respondent in proceeding dated 24.11.2022.

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The impugned order was passed by the Sub Registrar refusing to

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register the document presented by the writ petitioner. There was an objection from the 4th respondent / temple to register documents under Section 22(A) of the Registration Act. In view of the said objection, the Registering Authority returned the document presented by the writ petitioner for registration.

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The learned counsel for the petitioner mainly contended that the

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Revenue Authorities had an occasion to adjudicate the issue on hand and held that the petitioner is the owner of the property. However, the temple raised an objection and now it is brought to the notice of this Court that the

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https://www.mhc.tn.gov.in/judis

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W.P.No.2571 of 2023

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4^th respondent / temple preferred an Appeal before the District Collector for the purpose of resolving the issues. The District Collector also issued an inquiry notice in proceeding dated 02.12.2022, to all the parties for the purpose of conducting an inquiry. During the pendency of the inquiry, the Registering Authority may not be in a position to register the document.

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In view of the facts and circumstances, the District Collector, Tiruppur is directed to expedite the inquiry proceedings and conclude the same by affording opportunity to all the parties and decide the issues on merits and in accordance with law. Only after resolving the issues, the registering authority has to act in accordance with law.

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With these observations, the writ petition stands disposed of . No

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costs.

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(sha) Index : Yes Speaking Order Neutral Citation : Yes

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18.07.2023

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NOTE : The registry is directed to communicate a copy of this order to the District Collector, Tiruppur.

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https://www.mhc.tn.gov.in/judis

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W.P.No.2571 of 2023

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S.M.SUBRAMANIAM. J.,

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(sha)

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1.The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai 600 028.

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2.The District Revenue officer, Tirupur District.

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3.The Sub Registrar, Nallur Office of the Sub Registrar, Nallur, Nallur Taluk, Tirupur District.

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W.P.No.2571 of 2023

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18.07.2023

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https://www.mhc.tn.gov.in/judis

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S.Mahalakshmi v. The Inspector General of Registration

Case brief

What is this about?

What did the court decide?

S.Mahalakshmi v. The Inspector General of Registration

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

Coram

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