Madras High CourtWP/11704/2022disposed of

R.Siva v. The District Registrar Office

2022-06-07Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.11704 of 2022 and WMP.No.11166 of 2022 1.R.Siva 2.Jaya 3.Dhivyapriya ... Petitioners Vs.

1.The District Registrar Office, Tirupur 641 602.

2.The Sub Registrar, Office of the Sub Registrar, Uthukuli 638751. ... Respondents PRAYER: This Writ Petition filed under Section 226 of Constitution of India, pleased to issue a Writ of Mandamus directing the 2nd respondent to register the unregistered Sale Agreement in Application No. SO1LANDVV202202028796813, dated 02.02.2022, to and in favour of the petitioners. For Petitioners : Mr.R.Suresh For Respondents : Mr.Yogesh Kanndasan Special Government Pleader Order This petition has been filed for issuance of writ of Mandamus to direct the 2nd respondent to register the unregistered Sale Agreement dated 02.02.2022 in favour of the petitioners.

2. The case of the petitioner is that they have purchased the properties situated at R.S.No.16/10 Ne.Pu.He 0.49.5 tha.Ru 1,37 Thiruvachi Village, Perunthurai, Erode District from the Power of Attorney namely one Tmt.Muthulakshmi and the said Muthulakshmi has also executed a Sale Deed in favour of the 1st petitioner and his partner viz., Boopalan, dated 11.03.2021. Since the petitioner wanted to transfer the absolute title in favour of the 2nd petitioner, he requested the 2nd respondent to register the unregistered Sale https://hcservices.ecourts.gov.in/hcservices/

Deed. However, the 2nd respondent without any valid reasons, had refused to register the same. Aggrieved by the same, the petitioner is before this Court.

3. The learned counsel appearing for the petitioner submitted that it would suffice if this Court issues direction to the respondent to register the unregistered Sale Agreement dated 02.02.2022 in favour of the petitioners. 4.The learned Special Government Pleader appearing for the official respondents submitted that if the papers are otherwise in order, the respondents will entertain the Sale Agreement dated 02.02.2022 within a reasonable time as fixed by this Court.

5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the respondents to entertain the petitioner's Sale Agreement dated 02.02.2022, if the papers are otherwise in order, within a period of twelve weeks from the date of receipt of a copy of this order. This writ petition is accordingly disposed of. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar sk To 1.The District Registrar Office, Tirupur 641 602.

2.The Sub Registrar, Office of the Sub Registrar, Uthukuli 638751.

+1cc to Mr.R.Suresh, Advocate SR. No. 32817 +1cc to Government Pleader SR. No. 33717 W.P.No.11704 of 2022 GPL (CO) PR (20/06/2022) https://hcservices.ecourts.gov.in/hcservices/