Madras High Court
K.Padma vs Inspector General Of Registration on 15 May, 2024
Author: P.T.Asha
Bench: P.T.Asha
W.A. No.1532 of 2024
and C.M.P.No.10794 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.05.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA
and
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
W.A. No.1532 of 2024
and C.M.P.No.10794 of 2024
1.K.Padma
2.K.Malini
3.K.Latha ... Appellants
versus
1.Inspector General of Registration,
No.100, Santhome High Road,
R.A.Puram,
Chennai - 600 028.
2.District Registrar,
Office of the District Registrar of Registration,
Saidapet, Chennai - 600 015.
3.Sub-Registrar,
Alandur Sub-Registrar Office,
15/17, Military Quarters,
Alandur, Chennai - 600 016. ... Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 06.03.2024 in W.P.No.5699 of 2024.
For Appellants : Mr.S.Sundaresan
1/6
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W.A. No.1532 of 2024
and C.M.P.No.10794 of 2024
For Respondents : Mr.L.S.M.Hasan Fizal
Additional Government Pleader
JUDGMENT
[Order of the Court was made by P.T.ASHA, J.]
The Writ Appeal is preferred against the order passed by the learned
single Judge dated 06.03.2024 in W.P.No.5699 of 2024.
2. The above Writ Petition is filed for the following reliefs:-
“to issue a writ of Certiorarified Mandamus, calling for
the records of the third respondent relating to his proceedings in
Refusal Check Slip bearing No.RFL/ALANDUR/3-2024 dated
08.02.2024 and quash the same and consequently issue
mandamus directing the third respondent to register the Power
of Attorney dated 08.02.2024 executed by the petitioners in
favour of Mr.M.Chandru their Power Agent and also to register
the subsequent deeds as authorised by the petitioners through
their power of attorney with reference to the property situated at
Plot No.161, Second Main Road, Hindu Colony, Nanganallur,
Chennai-600 061.”
3. The grievance of the petitioners was that the third respondent
had issued a refusal check slip in respect of the Power of Attorney that they
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have sought to register, stating that the original parent document has to be
annexed as per Rule 55(A) of the Registration Rules. The said order was
challenged in the above Writ Petition. The learned single Judge has
dismissed the Writ Petition, stating that there is no perversity or illegality in
the impugned order.
4. Heard the learned counsel for the appellants and the learned
Additional Government Pleader for the respondents.
5. Admittedly, the property in question belongs to the father of the
petitioners and the petitioners are only the legal heirs. The Death Certificate
and the Legal Heir Certificate have also been produced before the
respondents. It appears that the father had executed a Settlement Deed on
30.06.2014, settling the property on the petitioners. It is the original of this
document that the petitioners are unable to produce as they were not aware
of the execution of the Settlement Deed.
6. Admittedly, the petitioners are the only legal heirs of the
deceased V.Kalyanaraman. Even without the Settlement Deed, the
petitioners would be Class-I legal heirs and be entitled to the property.
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7. Considering the above fact, the order now passed by the
respondents demanding the production of the Settlement Deed, in the
circumstances of this case, may not be correct. Therefore, directions are
issued to the respondents to forthwith register the Power of Attorney.
8. It is now brought to the notice of this Court that the Power of
Attorney has been executed only by Malini / 2nd appellant before this Court.
She has placed reliance on the Settlement Deed dated 30.06.2014 executed
by her father V.Kalyanaraman.
9. In these circumstances, the mother / 1st appellant and the sister /
3rd appellant shall give no objection for the execution of the Power of
Attorney. On receipt of the same, the Power of Attorney shall be registered
by the respondents.
10. With the above direction, this Writ Appeal is disposed of. No
costs. Consequently, connected Miscellaneous Petition is closed.
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[P.T.A.,J.] [N.S.,J.]
15.05.2024
Speaking order / Non-speaking order
Index : Yes / No
Neutral Citation : Yes / No
sri
To
1.The Inspector General of Registration,
No.100, Santhome High Road,
R.A.Puram,
Chennai - 600 028.
2.The District Registrar,
Office of the District Registrar of Registration,
Saidapet, Chennai - 600 015.
3.The Sub-Registrar,
Alandur Sub-Registrar Office,
15/17, Military Quarters,
Alandur, Chennai - 600 016.
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P.T.ASHA, J.
AND
N.SENTHILKUMAR, J.
sri
15.05.2024
https://www.mhc.tn.gov.in/judis
