G.Vivek Kumar v. The Sub Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.03.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.8939 of 2025 G.Vivek Kumar S/o Gnanasekar, No 14, Post Office Street Ward No 2, Polampakkam Cheyyur Taluk, Chengalpet District Petitioner Vs
1. The Sub Registrar The Office Of The Sub Registrar, Achirupakkam Chengalpet District 2.S.J. Anthony Raj S/o Joseph No 3, 2nd Cross Street Sarathambal Nagar, Puducherry Respondent(s) Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the order of the 1st Respondent dated 21.10.2022 in Niluvai Aavana Enn P23/2022, TP No 114690723/22 and quash the same and consequently, direct the 1st respondent to register the sale deed 1/4
of the petitioner dated 21.03.2022.
For Petitioner : Mr.K.Selvaraj For Respondents : Mr.U.Baranidharan Special Government Pleader, for R1 *****
O R D E R
This writ petition has been filed challenging the impugned proceedings of the first respondent dated 21.10.2022 and for consequential direction to the first respondent to register the sale deed dated 21.03.2022.
2. Heard Mr.K.Selvaraj, learned counsel for the petitioner and Mr.U.Baranidharan, learned Special Government Pleader for the first respondent.
3. The first respondent has refused to register the sale deed that was presented for registration mainly on the ground that an objection has been given by the second respondent claiming right over the subject property. On carefully going through the materials placed before this Court, it is seen that the sale deed that is relied upon by the second respondent was put to challenge in a suit that was filed in O.S.No.133 of 2018 on the file of the District Munsif Court, Madurantakam by father of the vendor of the petitioner namely, Velu. The suit was contested and by 2/4
judgment and decree dated 11.07.2019, the sale deed executed in favour of the second respondent was declared to be null and void and permanent injunction was also granted in favour of the plaintiff.
4. In view of the same, the objection given by the second respondent cannot be taken into consideration and if at all the second respondent has any grievance, he can only work out his remedy before the competent Court. Therefore, the impugned proceedings of the first respondent dated 21.10.2022 is liable to be interfered with by this Court and accordingly, the same is hereby quashed. There shall be a direction to the first respondent to entertain the sale deed dated 21.03.2022 and register the same, if it is otherwise in order. In the result, the Writ Petition is allowed with the above directions. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
26.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order mk 3/4
N.ANAND VENKATESH, J mk To The Sub Registrar The Office of the Sub Registrar, Achirupakkam Chengalpet District 26.03.2025 4/4