M.Sankarganesh v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2025 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.3447 of 2025 M.Sankar Ganesh ....

Petitioner -VsThe Sub-Registrar Triplicane Sub Registrar Office Triplicane Chennai 600 005.

..Respondent Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to receive and register the sale deed dated. 05.2024 executed by the Petitioner in favour of R.Valli wife of A.Ravi with respect of lease hold right of the land in Old Survey No.289, R.S. No.131 /Part Block No.3, Triplicane Village, Mylapore Taluk within the Sub - Registration district of Triplicane Registration district of central Chennai, together with sale of the superstructure thereon to an extent of 1500 Sq. ft consisting of ground and first floor together with electricity service connection drainage and water connection thereon expeditiously and in accordance with law.

For Petitioner :

Mr.D.S.Rajasekaran For Respondent :

Mr.Karthick Jagannath Government Advocate 1 / 4

O R D E R

This writ petition has been filed for the issue of a Writ of Mandamus directing the respondent to receive and register the sale deed executed by the petitioner in favour of one Valli with respect to the lease hold right touching upon the subject property.

2.Heard Mr.D.S.Rajasekaran, learned counsel for the petitioner and Mr.Karthick Jagannath, learned Government Advocate for respondent. 3.The learned Government Advocate appearing on behalf of the respondent submitted that this writ petition has been filed based on some opinion given by the Sub Registrar when the draft sale deed was placed before the Sub Registrar. The learned counsel submitted that the sale deed is yet to be presented before the Sub Registrar.

4.In the considered view of this Court, the opinion given by the Sub Registrar when a draft sale deed is produced, cannot give raise to a cause of action for filing a writ petition. Ultimately, the document has to be presented and and if the Sub Registrar refuses to register the document on any of the grounds that are available and refusal check slip is issued, the same can be put to challenge. A mere opinion given by the Sub Registrar cannot create a cause of action since it will result in 2 / 4

multiple writ petitions filed before this Court which cannot be entertained. Except giving this clarity, no further orders can be passed in this writ petition. 5.This writ petition is disposed of in the above terms. No costs. 03.02.2025 Index : Yes/No NCS : Yes/No KP To The Sub-Registrar Triplicane Sub Registrar Office Triplicane Chennai 600 005.

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N.ANAND VENKATESH, J.

KP Writ Petition No.3447 of 2025 03.02.2025 4 / 4