S.Arthanari v. The Inspector General Of Registration,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.3748 OF 2020 S.Arthanari

...Petitioner

-Vs1.The Inspector General of Registration, 100, Santhome High Road, Santhome, Chennai - 600 028.

2.The District Registrar, Namakkal District, Namakkal.

3.The Sub Registrar, Rasipuram, Namakkal District.

...Respondents

Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the third respondent to pass an order as directed by the second respondent as per proceedings dated 12.07.2019 and in consideration of the representation dated 19.11.2018 of the petitioner consequently direct the third respondent to forthwith register the document of sale deed presented by the petitioner in respect of the property situated at Kiranoor Village, Rasipuram Taluk, Namakkal District, comprised in Survey No.46/17.

For Petitioner :

No Appearance For Respondents :

Mr.Yogesh Kannadasan Special Government Pleader

ORDER

This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the third respondent to pass an order as directed by the second respondent as per proceedings dated 12.07.2019 and in consideration of the representation dated 19.11.2018 of the petitioner, consequently direct the third respondent to forthwith register the document of sale deed

presented by the petitioner in respect of the property situated at Kiranoor Village, Rasipuram Taluk, Namakkal District, comprised in Survey No.46/17.

2.

There is no representation for the petitioner. Heard Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents.

3.

This writ petition has been filed for direction, directing the third respondent to pass an order as directed by the second respondent by the proceedings dated 12.07.2019. A perusal of the order dated 12.07.2019, passed by the second respondent in Na.Ka.1470/M1/2019, revealed that the petitioner owned land comprised in Survey No.46/17, ad-measuring 50 cents situated at Kiranoor Village, Rasipuram Taluk, Namakkal District. Therefore, the petitioner intended to purchase the lands adjoining to his land in Survey No.46/17, ad-measuring 4190 sq.ft, in Survey No.46/17, ad-measuring 13 cents, in Survey No.46/17, ad-measuring 12 cents, in Survey No.46/16, admeasuring 12 cents, in Survey No.46/17, ad-measuring 2139 sq.ft and in Survey No.46/17, ad-measuring 41431/4 sq.ft and entered into a sale deed, dated 29.10.2018 and presented before the third respondent for registration.

4.

However, the third respondent by virtue of proviso to Rule 27(ii) of the Registration rules, returned the sale deed with check slip dated 30.10.2018 for the reason that already a decree was passed in O.S.No.196 of 1996 dated 09.12.2017 on the file of the District Munsif Court, Rasipuram, in favour of one Palaniammal and others in respect of the very same properties. 5.

Aggrieved by the check slip dated 30.10.2018, the petitioner filed an appeal before this Court and the second respondent was directed by this Court in W.P.No.116 of 2019 by an order dated 29.01.2019 to dispose of the appeal filed by the petitioner. Thereafter, the second respondent conducted an enquiry and by the proceedings dated 12.07.2019 in Proceedings No.1470/B1/2019, directed the third respondent to obtain encumbrance certificate prior to the sale deed, dated 29.10.2018 and to verify whether the persons executed the sale deed have right over the property and to strictly follow the procedures laid down in the circulars issued by the first respondent for registration. However, on receipt of the same, the third respondent did not consider the same and kept the matter pending. 6.

Considering the above, the third respondent is directed to comply the directions issued by the second respondent, dated 12.07.2019 and pass an order either to register the sale deed, dated 29.10.2018 or to reject the same, within a period of four weeks from the date of receipt of a copy of this order.

7.

With the above directions, this writ petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar mn To 1.The Inspector General of Registration, 100, Santhome High Road, Santhome, Chennai - 600 028.

2.The District Registrar, Namakkal District, Namakkal.

3.The Sub Registrar, Rasipuram, Namakkal District.

+1cc to the Government Pleader SR.No.69523 W.P.No.3748 of 2020 SJ(CO) RVM(24/01/2022)