K JOTHISENTHILKANNAN Vs. COLLECTOR

JUDGEMENT

(1.) This Writ Petition has been filed for issuance of a writ of mandamus, directing the second respondent to return the petitioner's original settlement deed, dated 30.03.2010, which is retained by the second respondent, as pending document in Ref.No.P/93/2010.

(2.) The case of the petitioner is that his father, namely, Karunagaran was absolute owner of the land situate at Kirumambakkam revenue village, bearing R.S.No.56/1A/1 with a total extent of 2 hectares and 70 ares and the same was in his valid possession and enjoyment for the past 39 years till the same was transferred in favour of her mother and himself; of the total extent of 2 hectares and 70 ares, his father preferred to make settlement in favour of his mother and himself through two different registered settlement deeds by dividing the total extent in two parts; accordingly, northern side extent of 1 hectare was allotted to his mother, namely, Tmt.Vasanthi, and transferred in her name through a registered settlement deed, dated 10.03.2010, registered as document No.714 of 2010 on the file of second respondent and the remaining southern portion extent of 1 hectare and 70 ares was allotted to him and transferred in his favour through a registered settlement deed, dated 30.03.2010, which was registered by the second respondent as pending document in Ref.No.P/93/2010 and the same has not yet been returned, in spite of receiving necessary registration fee.

(3.) It is also the case of the petitioner that the second respondent has not preferred to retain the settlement deed, dated 10.03.2010, pertaining to his mother registered as document No.714 of 2010 and the same was returned within four days from the date of registration but the second respondent, without any proper cause, retained the settlement deed, dated 30.03.2010, registered as pending document in Ref.No.P/93/2010, which is illegal.