A. INDIRANEELA Vs. INSPECTOR GENERAL OF REGISTRATION, CHENNAI

JUDGEMENT

(1.) This writ petition is filed to issue a Writ of Certiorarified Mandamus calling for the records of the second respondent in his check slip in Refusal Number/RFL/Keelarajakularaman/64/2021 dtd. 30/9/2021 and to quash the same and consequently direct the first respondent herein to issue appropriate direction to the second respondent to entertain and receive and register the instruments presented by the petitioner such as Settlement Deed, Sale Agreement, Sale Deed and any other instruments in respect of the Lands to an extent of 0/18/22 hectares (45 cents) comprised in Punjai S.No.1669/2A2 situated in Keelarajakularaman Post, Rajapalayam, Virudhunagar District without insisting fresh No Objection Certificate from the third respondent.

(2.) Heard, Mr.M.Rajasekhar, the learned counsel for the petitioner, and Mr.Yogesh Kannadasan, Special Government Pleader appearing for respondents 1 & 2.

(3.) The petitioner's husband and other partners availed loan from the third respondent mortgaging the title deeds pertaining to the property comprised in survey Nos.774, 775, 1669/1A and 1669/2A situated at Vembakottai, Virudhunagar District. The title deeds pertain to the lands comprised in survey No.1669/2A belong to her husband and it was also mortgaged with the third respondent as additional security. The said property has been sub-divided into survey No.1669/2A2. The entire loan was liquidated from out of the auction sale of properties comprised in survey Nos.774 and 775. After the auction sale, her husband requested the third respondent to return the original deeds mortgaged in respect of the property comprised in survey No.1669/2A. However, pending the said request, her husband died on 2/7/2019 leaving behind the petitioner and two daughters as his legal heirs. Thereafter, joint patta was issued in respect of the subject property under patta No.9992 dtd. 24/10/2020. Thereafter, the petitioner intended to settle the said property in favour of her younger daughter and approached the third respondent for return of original title deed pertains to the property comprised in survey No.1669/2A. However, the third respondent has given No Objection Certificate on 29/9/2020 stating that credit facilities availed by M/s.Sri Murugan Spinning Mills had already been liquidated and no outstanding dues against the Unit and its partners.