NOORJEHAN RAZACK Vs. INSPCTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) SEEKING a writ of mandamus to direct the respondents to hand over the settlement deed presented on 13. 9. 2000, for registration, which was received by the 2nd respondent in Receipt No. 808829 dated 13. 9. 2000, this writ petition has been brought forth by the petitioner.

(2.) THE affidavit in support of the petition is perused. The Court heard the learned Counsel on either side.

(3.) THE petitioner who seeks the relief, has come forward to state that she placed a settlement deed on 13. 9. 2000 which she executed as owner of the property bearing Door No. 17/1, Vasudeva Puram, West Mambalam, Madras, for the purpose of registration; that by the said deed, she settled the property for her three daughters; that when it was presented, the second respondent who received the document, issued a receipt on the very day, and she was also informed that the instrument was undervalued and unstamped also, and hence, the document could not be registered, and she was to pay more stamp duty; that she was also informed that such registration could be made only after the inspection of the property or on payment of the stamp duty as demanded on that day; that there was no inspection of the property; that following the same, number of requests and reminders were made, but of no avail; that in October 2006, when the second respondent was contacted by one of the daughters of the petitioner, she was informed that the original settlement deed was found missing in the office, and it would take some time for re-tracing the document; that despite number of attempts made, till this date, no reply is coming forward, and under the circumstances, the petitioner was constrained to file this petition before this Court.