Sa Ma Kumaresh v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-02-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. Sa Ma Kumaresh S/o. Late Thiru Marimuthu, No.282/2 , Rottu Street, Kundrathur, Chennai- 69 Petitioner(s) Vs

1. The Sub Registrar Sriperumbudur Sro, Sriperumbudur, Kancheepuram District.

2.MEERA W/o. Late Shri Syed Abuthakirk, Gnt Road, Old Gumudipoondi, Tiruvallur District- 601 201.

3.S.Durairaj S/o. Shri. Selvaraj, 97/87, Puchiammal Street, Pudu Vanarapattai, Tandaiyarpet, Chennai81.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records in refusal slip in RFL / Sriperumbudur / 1 /2025 dated23/01/2025 on the file of the 1 st

respondent and quash the same and consequently direct the 1st respondent to register the sale deed and pass orders.

For Petitioner(s):

B.MANOHARAN SUMATHI SELVARAJ S.JAIMTHRA A.SAJEETH For Respondent(s):

Mr.U.Baranidharan, Spl. Gp

ORDER

This writ petition has been filed challenging the impugned refusal check slip dated 23.01.2025 issued by the 1 st respondent and for a consequential direction to the 1 st respondent to register the sale deed executed in favour of the petitioner by his vendor.

2.

Heard Mr.B.Manoharan, learned counsel for the petitioner and MR.U.Baranidharan, learned Special Government Pleader for 1 st respondent.

3.

The reason that has been assigned in the refusal check slip is that earlier there was an enquiry conducted by the District Registrar on the ground that some third party had impersonated the vendor and created a Power of Attorney document. Therefore, the 1 st respondent was not inclined to entertain the sale deed.

4.

In the considered view of this Court, the original vendor of the

property wants to directly sell the property in favour of the petitioner and therefore, the earlier proceedings where the original vendor was impersonated and Power of Attorney document was created, will not stand in the way of the vendor dealing with the property directly in favour of the petitioner. 5.

In the light of the above discussion, the impugned refusal check slip issued by the 1 st respondent dated 23.01.2025 is hereby set-aside and the 1 st respondent is directed to entertain the sale deed and register the same, if it is otherwise in order.

6.

In the result, this writ petition is allowed with the above directions. No costs.

26-02-2025 rka To 1.The Sub Registrar Sriperumbudur Sro, Sriperumbudur, Kancheepuram District.

Index:Yes/No Speaking/Non-speaking order Internet:Yes

N.ANAND VENKATESH J.

rka 26-02-2025