Madras High Court
M/S.Vgp Housing Private Limited vs The District Collector on 4 March, 2021
W.P.No.1956 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.03.2021
CORAM: JUSTICE N.SESHASAYEE
WP.No.1956 of 2021
& WMP No.2314 of 2021
M/s.VGP Housing Private Limited,
rep. by its Director,
Mr.VGP Babudoss,
No.6, Dharmaraja Koil Street,
Saidapet, Chennai-600 015. ...Petitioner
-Vs-
1.The District Collector,
Collectorate,
No.62,Rajaji Salai,
4th Floor, Chennai-600 001.
2.The Tahsildar,
Shozhinganallur Taluk,
Shozhinganallur,
Chennai
3.The Sub Registrar,
Neelangarai,
Chennai.
4.The Deputy Commissioner of Police,
Office of Deputy Commissioner of Police,
Dr.Muthulakshmi Road,
Adyar, Chennai-600 041
1/7
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W.P.No.1956 of 2021
5.The Assistant Commissioner of Police,
Office of Assistant Commissioner of Police,
Singaravelan Street,
2nd Street, Neelankarai,
Chennai-600 115.
6.The Inspector of Police,
J-12, Kannathur Police Station,
East Coast Road,
Kannathur,
Chennai-603 112.
7.M.Masthan Sahib
8.Mr.Kannan ...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, forbearing the third respondent from
registering and releasing Agreement for Sale executed by the 7th
respondent, taken on file as pending Document no.219 of 2020 on the
file of the third respondent, until the completion of the investigation by
the respondent nos.5 & 6 in C.S.R.No.142 of 2020.
For Petitioner : Mr.M.Raja
For Respondents : Mr.E.Balamurugan, Spl.G.P for R1 & 2
Mr.K.Gowthaman, for RR7
Mr.T.M.Pappiah, Spl.G.P for R3
2/7
https://www.mhc.tn.gov.in/judis/
W.P.No.1956 of 2021
ORDER
This Writ Petition is filed for issuance of a Mandamus, to forbear the
third respondent from registering and releasing Agreement for Sale
executed by the 7th respondent, taken on file as pending Document
no.219 of 2020 on the file of the third respondent, until the completion of
the investigation by the respondent nos.5 & 6 in C.S.R.No.142 of 2020.
2. The petitioner seeks a direction to the Sub-Registrar, the third
respondent herein to forbear him from registering any Sale Agreement.
3.Mr.T.M.Pappiah, learned Special Government Pleader appearing for
the third respondent made a statement that a preliminary enquiry has
been conducted by the third respondent/Sub Registrar and he has prima
facie come to the conclusion that the claim for title by the petitioner over
the property in question is suspecting one.
4.The learned counsel for the petitioner submitted that he has preferred a
revision to the Inspector General of Registration and the same may be
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W.P.No.1956 of 2021
directed to be considered on its merits. This does not require any
direction since that is out side the scope of the present Writ Petition and
this Court expects the concerned authority to discharge his
responsibilities strictly in accordance with law.
5. This Court, will be hesitant to direct the statutory authority not to
perform his statutory duty. Moreso, when there is a Division Bench
judgment of this Court in N.Ramayee Vs. The Sub Registrar [(2020 (8)
MLJ 305)], where the powers of the Registering Authority has been
delineated and the essence of this Judgment of Division Bench only is to
the effect that the Sub-Registrar, the Registering Authority cannot
investigate the title of the parties, dealing with the property. This being
the law, if at all the parties have dispute over the title, they necessarily
cannot avoid going to the Civil Court for establishing their title. Having
regard to the same, this Court disposed of this matter, with a direction to
the Sub-Registrar to discharge his responsibilities in respect of the
subject matter of this Writ Petition in accordance with law laid down by
the Division Bench of this Court in N.Ramayee Vs. The Sub Registrar
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W.P.No.1956 of 2021
[(2020 (8) MLJ 305)]. No costs. Consequently, connected WMP is
closed.
04.03.2021
Index : Yes/No
Internet : Yes/No
dn
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W.P.No.1956 of 2021
To
1.The District Collector,
Collectorate,
No.62,Rajaji Salai,
4th Floor, Chennai-600 001.
2.The Tahsildar,
Shozhinganallur Taluk,
Shozhinganallur,
Chennai
3.The Sub Registrar,
Neelangarai,
Chennai.
4.The Deputy Commissioner of Police,
Office of Deputy Commissioner of Police,
Dr.Muthulakshmi Road,
Adyar, Chennai-600 041
5.The Assistant Commissioner of Police,
Office of Assistant Commissioner of Police,
Singaravelan Street,
2nd Street, Neelankarai,
Chennai-600 115.
6.The Inspector of Police,
J-12, Kannathur Police Station,
East Coast Road,
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W.P.No.1956 of 2021
Kannathur,
Chennai-603 112.
N.SESHASAYEE, J.,
dn
Order made in
W.P.No.1956 of 2021
04.03.2021
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