IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

W.P.No.9900 of 2022

Mohammed Sulaiha

... Petitioner

Vs.

1. The Inspector General of Registration,

Registration Department,

No.100, Santhom Highway,

Chennai 600 028.

2. The Deputy Inspector General of Registration,

(Chennai Zone),

Registration Department,

Integrated Building for Offices of the

Commercial Taxes and Registration Department,

Department Fanepet, Nandanam, Chennai 600 035.

3. The District Registrar (Chennai North),

Registration Department,

NSC Bose Road, Kuralagam 1st Floor,

Esplanade, Chennai 600 108.

4. The Sub-Registrar,

Royapuram Sub Registration Office,

Registration Department,

No.535, Tondiarpet High Road,

Near Maharani Theatre,

Chennai 600 021.

... Respondents

Prayer: Writ Petition filed under Article 226 of the

Constitution of India to issue a Writ of Mandamus directing

the 4th respondent to register the General Power of

Attorney document executed by the petitioner's husband

Samsudeen s/o Peer Mohammed without his signature in favour

of the petitioner by considering the petitioner's

representation dated 19.03.2022 preferred before the 1st to

4th respondents an accordance with law within the time

stipulated by this Court.

For Petitioner : M/S.S.Mohamed Ansar

For Respondents : Mr.Yogesh Kannadasan

Special Government Pleader

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O R D E R

This Writ Petition has been filed seeking for issuance

of a Writ of Mandamus to direct the fourth respondent to

register the General Power of Attorney document executed by

the petitioner's husband Samsudeen, s/o Peer Mohammed,

without his signature in favour of the petitioner by

considering

the

petitioner's

representation

dated

19.03.2022 preferred before the respondents 1 to 4 in

accordance with law, within the time stipulated by this

Court.

2. The case of the petitioner is that the petitioner's

husband is carrying on steel business along with his

partners. Due to physical illness, the petitioner's husband

could not sign the documents regarding Income Tax, GST and

other business records. Therefore, the petitioner decided

to manage her husband's property and business by getting

General Power of Attorney. However, due to her husband's

physical illness, he is not able to sign any documents, for

which, the petitioner made a representation dated

19.03.2022 before the respondents, seeking to register the

General Power of Attorney document in her favour without

her husband's signature. As the said representation made by

the petitioner has evoked no response from the respondents,

the petitioner has filed the present Writ Petition.

3. The learned counsel for the petitioner submitted

that the petitioner's husband is only capable of giving

thumb impressions. Therefore, it is sufficient, that this

Court issues direction to the fourth respondent to consider

the petitioner's representation dated 19.03.2022 and pass

orders on the same within a particular time frame that may

be fixed by this Court.

4. Mr.Yogesh Kannadasan, learned Special Government

Pleader appearing for the respondents submitted that,

unless and otherwise the petitioner's signature is

verified, no document can be entertained.

5. Heard the learned counsel for the petitioner as well

as the learned Special Government Pleader for the

respondents and perused the materials available on record.

6. In view of the aforesaid submissions, if the

petitioner has any grievance, the petitioner has to

approach the authorities concerned, and her document shall

be entertained based on the Provisions of Registration Act

and Indian Stamp Act. The prayer sought for in this Writ

Petition cannot be granted. However, liberty is granted to

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