Madras High CourtWP/2027/2019disposed of

Munusamy v. The Sub Registrar

2019-01-30Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.01.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.2027 of 2019 V.Munusamy .. Petitioner Vs.

The Sub-Registrar, Cheyyur Sub Registration Office, Cheyyur - 603 302. .. Respondent PRAYER : Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to give the document of Registered Sale Deed in D.No.P/Cheyyur/84/2018 dated 24.08.2018 to the petitioner pending on the file of the respondent. For Petitioner : Mr.M.Anandaraj For Respondent : Mr.T.M.Pappiah Special Government Pleader

O R D E R

By consent of both parties, this Writ petition is taken up for final disposal at the admission stage itself.

2. The prayer sought for in this Writ Petition is for a direction to the respondent to give the document of Registered Sale Deed in D.No.P/Cheyyur/84/2018 dated 24.08.2018 to the petitioner pending on his file.

3. The case of the petitioner is that he purchased a property situated at Mathura Villiyapakkam Village, Cheyyur Taluk, Kancheepuram District and the same was registered at Sub Registrar, Cheyyur in D.No.84/2018 dated 24.08.2018. He has also paid sufficient stamp duty for registration of the above said sale deed. It is stated that the respondent issued receipt for the above said registration in Receipt No.3270/2018 D.No.P/Cheyyur/84/2018 dated 24.08.2018 and informed the petitioner to receive the document of sale deed after due https://hcservices.ecourts.gov.in/hcservices/

verification from the revenue authority. When the petitioner approached the respondent office after a week from the date of registration, the respondent refused to give the document. Hence, the petitioner made a representation to the respondent on 19.11.2018 seeking to return his registered sale deed dated 24.08.2018. But till date, no action has been taken by the respondent. Hence, the petitioner is before this Court.

4. Heard Mr.M.Anandaraj, learned counsel appearing for the petitioner and Mr.T.M.Pappiah, learned Special Government Pleader appearing for the respondent.

5. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the respondent to consider the petitioner's representation dated 19.11.2018 and if everything is in order the respondent may return the document or else pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of two weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rsi To The Sub-Registrar, Cheyyur Sub Registration Office, Cheyyur - 603 302.

+1 cc to M/s.M.Anandaraj, Advocate, S.R.No.7942 +1 cc to the Government Pleader, S.R.No.8770 W.P.No.2027 of 2019 VSN-II(CO) SSM(22/02/2019) https://hcservices.ecourts.gov.in/hcservices/