Madras High CourtWP/7007/2017disposed of

Nagalakshmi Annamalai, v. The District Registrar

2017-04-11Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY W.P.No.7007 of 2017 Nagalakshmi Annamalai ..Petitioner Vs 1 The District Registrar, Krishnagiri District.

2. The Sub-Registrar, Denkanikottai Sub Registrar's Office, 23, Sub Registrar Office Street, Opp. Post Office, Denkanikottai - 635 107 ..Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to accept the Sale Deed dated 22.02.2017 executed by the Petitioner and one Hemavaneswari in respect of extent of lands admeasuring 0.30 cents in RS No.340/1D; 0.71 Cents in RS No.340/2A; 0/36 cents in RS.No.340/1A and 1.68 Acres in RS No.325/2 of Hanumanthapuram Village of Denkanikottai Taluk, Krishnagiri for registration on presentation of the same and register the same in accordance with law.

For Petitioner :

Mr.D.Bharathachakravarthy for M/s.Sai Bharath And Ilan For Respondents :

Mrs.K.Bhuvaneswari, G.A.

O R D E R

The Petitioner has filed the above Writ Petition to issue a writ of Mandamus directing the 2nd respondent to accept the Sale deed executed by the petitioner and one Hemavaneswari in respect of lands admeasuring 0.30 cents in RS No.340/1D; 0.71 Cents in RS No.340/2A; 0/36 cents in RS.No.340/1A and 1.68 Acres in RS No.325/2, situate at Hanumanthapuram Village of Denkanikottai Taluk, Krishnagiri for registration on presentation of the same and register the same in accordance with law. https://hcservices.ecourts.gov.in/hcservices/

2. It is the case of the petitioner that 2nd respondent refused to register the document for the reason that one Mr.Mani had moved a Caveat Petition before the District Munsif, Denkanikottai, Krishnagiri District in O.P.No.48 of 2016. The learned counsel appearing for the Petitioner submitted that there is no civil suit is pending between the parties as of today and that mere filing of a Caveat Petition by the said Mani, shall not preclude the 2nd respondent from registering the document.

3. Mrs.K.Bhuvaneswari, learned Government Advocate appearing for the respondents submitted that since in the case of the petitioner submitting the document before the second respondent, the second respondent would register the same.

4. In view of the submissions made by the learned Government Advocate, I direct the petitioner to present the Sale deed dated 22.02.2017 for registration before the 2nd respondent within one week from the date of receipt of a copy of this order and on presentation of the document, the second respondent is directed to register the same and return the document, if it is otherwise in order.

5. With these observations, this Writ Petition is disposed of. No costs.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar vsm/rka To 1 The District Registrar, Krishnagiri District.

2.The Sub-Registrar, Denkanikottai Sub Registrar's Office, 23, Sub Registrar Office Street, Opp. Post Office, Denkanikottai - 635 107 +2cc to M/S. sai Bharath & IIan, Advocate Sr. 22039 +1cc to the Government Pleader, High Court, Madras W.P.No.7007 of 2017 NMI(CO) VR(18/04/2017) https://hcservices.ecourts.gov.in/hcservices/