Madras High Court
S.Dhanalakshmi vs The Inspector General Of ... on 22 December, 2021
W.P.No.22323 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.12.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.22323 of 2021
and W.M.P.No.23555 of 2021
S.Dhanalakshmi ... Petitioner
-Vs-
1. The Inspector General of Registration (I.G.R),
Santhome High Road, Mylapore,
Chennai - 600 002.
2. The Deputy Inspector General of Registration (D.I.G),
Vellore, Vellore-"District",
3. The District Registrar (D.R),
The Office of the District Registrar,
Cheyyar Registration District,
Cheyyar, Tirivannamalai- "District".
4. The Sub-Registrar,
The Office of the Registrar,
Arani, Tiruvannamalai- "District".
5. The Tashildar,
Arani Taluk,
Tiruvannamalai-"District". ... Respondents
Page 1 of 7
https://www.mhc.tn.gov.in/judis
W.P.No.22323 of 2021
Prayer :- Writ Petition filed under Article 226 of the Constitution of
India praying for the issuance of a Writ of Mandamus, directing the
fourth respondent herein to "Register" the properties in S.No.178/1 to an
extent of 1 Acres and 0.05 cents and in S.No.177/3 to an extent of 2
Acres and 0.97 cents in toto to an extent of 4 Acres and 0.02 cents,
situated in Vadugasathu- "Village", Arani- "Taluk", Tiruvannamalai-
"District" on the name of petitioner herein as per the guide line value of
the property prevailing in the year 2008 which is the subject matter in
E.P.No.2 of 2010 in O.S.No.38 of 2008 on the file of Hon'ble Sub Court,
Arani, Tiruvannamalai-"District".
For Petitioner : Mr.A.Vimal Raj
For R1 to R4 : Mr.Yogesh Kannadasan
Special Government Pleader
For R5 : Mr.P.Baladhandayutham
Special Government Pleader
ORDER
This Writ Petition has been filed for the issuance of Writ of
Mandamus, directing the fourth respondent herein to "Register" the
properties in S.No.178/1 to an extent of 1 Acres and 0.05 cents and in
S.No.177/3 to an extent of 2 Acres and 0.97 cents in toto to an extent of
4 Acres and 0.02 cents, situated in Vadugasathu- "Village", Arani-
https://www.mhc.tn.gov.in/judis
W.P.No.22323 of 2021
"Taluk", Tiruvannamalai- "District" on the name of petitioner herein as
per the guide line value of the property prevailing in the year 2008 which
is the subject matter in E.P.No.2 of 2010 in O.S.No.38 of 2008 on the file
of Hon'ble Sub Court, Arani, Tiruvannamalai-"District".
2. Heard Mr.A.Vimal Raj, learned counsel appearing for the
petitioner, Mr.Yogesh Kannadasan, learned Special Government Pleader
appearing for the respondents 1 to 4 and Mr.P.Baladhandayutham,
learned Special Government Pleader appearing for the fifth respondent.
3. The petitioner entered into an agreement for sale with
P.Venkatesan and P.Mani to purchase the property comprised in Survey
No.178/1 to an extent of 1 acre 0.05 cents and the property comprised in
Survey No.177/3 to an extent of 2 acres 0.99 cents by the agreement,
dated 22.02.2008. However, the petitioner's vendor had not come
forward to execute the sale deed and as such the petitioner was
constrained to file a suit for specific performance in O.S.No.38 of 2008
on the file of the Sub Court, Arani, Tiruvannamalai District. Thereafter,
the suit was decreed by the Judgment and Decree, dated 25.06.2009. In
https://www.mhc.tn.gov.in/judis
W.P.No.22323 of 2021
pursuant to the decree, the petitioner filed an execution petition in
E.P.No.02 of 2010 to get registration of the properties. When the
petitioner is always ready and willing to pay the registration fees along
with requisite stamp duty in accordance with the guideline value of the
properties in the year 2008. The fourth respondent was not inclined to
register the same.
4. In spite of the letter issued by the learned Sub Judge, Arani,
dated 22.11.2013, the fourth respondent did not consider the same and
by a letter dated 25.11.2013 informed to the learned Sub Judge, Arani,
since the subject properties are house plots, the value of the subject land
could be at Rs.70/- per sq.ft. Accordingly, the value of the property had
been fixed at Rs.1,22,98,365/-, the stamp duty at the rate of 7% at
Rs.8,60,888/- and the registration fees at Rs.1,23,165/-. A perusal of the
guideline value for the subject land is mentioned as agriculture and fixed
rate at Rs.15,800/- per acre. However, no sale deed was presented was
registration.
https://www.mhc.tn.gov.in/judis
W.P.No.22323 of 2021
5. Considering the above, the petitioner is directed to present
the sale deed for registration before the fourth respondent and on receipt
of the same the fourth respondent is directed to consider the above
observations and pass order either to register the same or to reject the
same.
6. With the above directions, this writ petition is disposed of.
Consequently, connected Miscellaneous petition is closed. There shall be
no order as to costs.
22.12.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
mn
https://www.mhc.tn.gov.in/judis
W.P.No.22323 of 2021
To
1. The Inspector General of Registration (I.G.R),
Santhome High Road, Mylapore,
Chennai - 600 002.
2. The Deputy Inspector General of Registration (D.I.G),
Vellore, Vellore-"District",
3. The District Registrar (D.R),
The Office of the District Registrar,
Cheyyar Registration District,
Cheyyar, Tirivannamalai- "District".
4. The Sub-Registrar,
The Office of the Registrar,
Arani, Tiruvannamalai- "District".
5. The Tashildar,
Arani Taluk,
Tiruvannamalai-"District".
https://www.mhc.tn.gov.in/judis
W.P.No.22323 of 2021
G.K.ILANTHIRAIYAN, J.
mn
W.P.No.22323 of 2021
and W.M.P.No.23555 of 2021
22.12.2021
https://www.mhc.tn.gov.in/judis
