M DHANESH MOOTHA Vs. SUB REGISTRAR KUNDRATHUR CHENNAI

JUDGEMENT

(1.) The petitioner's father owned 1.69 acres of property comprised in Survey Nos.25 (part) and 36 (part) of Porur Village, having purchased the same under three different sale deeds dated 21.10.1963, 28.10.1963 and 28.10.1963 in document Nos.2774/1963, 2836/1963 and 2837/1963 respectively, on the file of the Sub Registrar, Saidapet, measuring 50 cents, 50 cents and 69 cents respectively. Out of the said 1.69 acres, 69 cents and 56 cents were sold by his father during his lifetime and the remaining extent of 44 cents was retained by him till his death on 05.12.2007. In those circumstances, the petitioner's mother executed a release deed dated 24.05.2010 releasing her half undivided share in the said 44 cents in his favour and the said document was presented to the respondent herein for registration and the same was registered as document No.139 of 2010. However, the respondent declined to return the document after registration by referring a letter dated 22.03.2010 written by the Executive Officer, Porur Town Panchayat that no registration in Survey No.36/2A of Porur Village should be done in view of pendency of writ petition in W.P.No.17278 of 2009 before this Court.

(2.) The petitioner states that in view of the aforesaid letter, the respondent refused to return the document. It is stated that the writ petition in W.P.No.17278 of 2009 referred to by the Executive Officer of Porur Town Panchayat was filed by himself, against the District Collector, Tiruvallur and the Executive Officer, Porur Town Panchayat, restraining them from disturbing his peaceful possession and enjoyment of 44 cents comprised in S.No.36/2A of Porur Village. It is further stated that interim stay was also granted as prayed for and the same is still in force. The said writ petition is still pending before this Court. The pendency of the writ petition cannot be cited for refusing to return the document. The petitioner sent a representation dated 02.06.2010 to the respondent to return the release deed dated 24.05.2010 that was registered in the office of the respondent. However, the respondent did not choose to return the document.

(3.) Hence, the petitioner has filed the present writ petition seeking for a direction to the respondent to return the release deed dated 24.05.2010 registered as document No.139 of 2010 on the file of the respondent.