G.Manikandna v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH G.Manikandan S/o.Govindasamy ... Petitioner Vs.

The Sub-Registrar, Office of Sub-Registrar, Acchirapakkam, Madurantakam Taluk, Chengalpattu District - 603 301.

... Respondent Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondent to register, release and return the Sale Deed dated 18.10.2024 pending in Document No.P/Acchirapakkam/68/2024 before the Sub-Registrar Office, Acchirapakkam within the time stipulated by this Court. For Petitioner : Mr.R.Ragavendran For Respondent : Mr.B.Vijay Additional Government Pleader *****

O R D E R

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This writ petition has been filed seeking issuance of a writ of mandamus directing the respondent to register and release the sale deed dated 18.10.2024, which is kept pending as Document No.P/Acchirapakkam/68/2024 before the respondent.

2. When the writ petition came up for admission on 03.02.2025, this Court directed the learned Additional Government Pleader to take instructions as to why the sale deed is kept pending and the matter was directed to be listed today.

3. Learned Additional Government Pleader, on instructions, submitted that the document was kept pending since there was an entry available in the encumbrance certificate to the effect that the party has already executed an agreement of sale, which was also registered.

4. In the considered view of this Court, mere registration of an agreement of sale cannot be a ground for refusing to register a sale deed. The law on this issue has now been settled by the judgment of this Court in N.Ramayee v. Sub-Registrar and another [2020 (6) CTC 697]. In the result, this writ petition is disposed of with a direction to 2/4

the respondent to register and release the sale deed, if it is otherwise in order. No costs.

07.02.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To The Sub-Registrar Office of Sub-Registrar Acchirapakkam Madurantakam Taluk Chengalpattu District - 603 301 N.ANAND VENKATESH, J gm 3/4

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