K.Sekar v. The Sub Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.02.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.3921 OF 2022 W.M.P.NO.4068 OF 2022 K.Sekar ... Petitioner Vs.
1. The Sub Registrar, The Sub Registrar's Office, Thookanaicken Palayam, Erode District.
2. Tamilrasi ... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorafied Mandamus call for the records relating to impugned refusal check slip in RFL/Thookkaaicken Palayam /24/2021 dated 20.10.2021 and quash the same, consequently, direct the 1st respondent to register the petitioner's sale deed dated 17.09.2021 in respect of properties in Punjaithurai Palayam Village, comprised in Survey Nos.159/2, 146/2, 161/2, 3 and 160/1 measuring total extent of 1 acre and 75 cents.
For petitioner : Mr.B.Manimaran For Respondents : Mr.Yogesh Kannadasan Special Government Pleader
ORDER
The petitioner has filed this petition to call for the records relating to impugned refusal check slip in
RFL/Thookkaaicken Palayam /24/2021 dated 20.10.2021 and quash the same, consequently, direct the 1st respondent to register the petitioner's sale deed dated 17.09.2021 in respect of properties in Punjaithurai Palayam Village, comprised in Survey Nos.159/2, 146/2, 161/2, 3 and 160/1 measuring total extent of 1 acres and 75 cents.
2. Mr.Yogesh Kannadasan, learned Special Government Pleader takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.
3. Since, no adverse order is being passed against the second respondent, notice to the second respondent is dispensed with.
4. The case of the petitioner is that the petitioner is the owner of the property comprised in Survey Nos.159/2, 146/2, 160/1, 161/2,3 measuring a total extent of 1 acre 75 cents, situated at Punjaithurayam palayam, Gopichettipalayam, Erode District. However, the petitioner presented the Sale Deed for registration on 17.09.2021, before the first respondent. However, the said document was rejected on the ground that the petitioner has not presented the original parent document of the said property. Challenging the same the present Writ Petition has been filed by the petitioner for the above relief.
5. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the first respondent to consider the representation of the petitioner dated 17.09.2021 within the time frame that may be fixed by this Court.
6. The learned Special Government Pleader appearing for the respondent submits that the petitioner's representation dated 17.09.2021 will be considered by the first respondent within the time frame that may be fixed by this Court, if he produce a copy of the parent document.
7. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the first respondent to entertain the petitioner's representation dated 17.09.2021, on submission of a copy of the parent document
along with the Sale Deed at the time of registration by the petitioner and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.
8. Accordingly, this writ petition is disposed of with the aforesaid direction.
No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar tri/anu To The Sub Registrar, The Sub Registrar's Office, Thookanaicken Palayam, Erode District.
+1cc to Mr.B.Manimaran, Advocate, S.R.No.13097 +1cc to the Government Pleader, S.R.No.13825 W.P.No.3921 of 2022 & W.M.P.No.4068 of 2022 RSV(CO) PM/17/03/2022