P.C.Murugan v. Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.4940 of 2022 P.C.Murugan ... Petitioner Vs.

1. Sub-Registrar, Kaveripattinam Office of the Sub-Registrar, Palacode Road, Near High School Line, Kaveripattinam, Krishnagiri 635 112.

2. District Registrar, Krishnagiri District, District Registrar Office, No.1, Thiruvannamalai Road, Krishnagiri 635 001.

3. G.Senthil

4. Thamizhmani ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to register the Sale Deed dated 23.11.2021 executed by the petitioner in favour of the 3rd and 4th respondents herein with respect to the petitioner's property situated at Survey No.30/2 in Errahalli-1 Village, Krishnagiri District.

For Petitioner : Mr.R.Parthasarathy For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the 1st respondent to register the Sale Deed dated 23.11.2021 executed by the petitioner in favour of the 3rd and 4th respondents herein with respect to the petitioner's property situated at Survey No.30/2 in Errahalli-1 Village, Krishnagiri District.

2. The case of the petitioner is that the petitioner is the owner of the aforesaid property. Further, the petitioner wants to alienate the property in favour of the 3rd and 4th respondents, for which he executed a sale deed dated 23.11.2021. Therefore, the document was presented before the 1st respondent for registration. However, 1st respondent refused to register the said document, citing pendency of a dispute regarding the subject property before the Additional District Court, Krishnagiri in O.S.No.14 of 2021. Hence, the present Writ Petition is filed.

3. The learned counsel for the petitioner submits that, it would suffice if this Court issues direction to the 1st respondent to register the Sale Deed dated 23.11.2021 executed by the petitioner in favour of the 3rd and 4th respondents and pass orders on the same within a particular time frame that may be fixed by this Court.

4. The learned Special Government Pleader appearing for the respondents submits that the petitioner's Sale Deed will be entertained, if it is otherwise in order on receipt of necessary stamp duty and registration fees.

5. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the 1st respondent, to entertain the Sale Deed dated 23.11.2021, if the said document is presented by the petitioner for registration and pass appropriate orders as per the provisions of the Registration Act, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar jd/skt To

1. The Sub-Registrar, Kaveripattinam Office of the Sub-Registrar, Palacode Road, Near High School Line, Kaveripattinam, Krishnagiri 635 112.

2. The District Registrar, Krishnagiri District, District Registrar Office, No.1, Thiruvannamalai Road, Krishnagiri 635 001.

+1 cc to Mr.R.Parthasarathy, Advocate Sr.NO. 14709 +1 cc to Government Pleader Sr.NO. 15500 W.P. No.4940 of 2022 KK(CO) A.SK(16/03/2022)