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Madras High CourtWP/30521/2013disposed of

C.K.Sashikumar v. The Sub Registrar

2020-07-31Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.30521 of 2013 and M.P.No.1 of 2013 1.C.K.Sashikumar 2.K.Loganathan rep by his Power Agent M.Chinnakutty ... Petitioners Vs.

1.The Sub Registrar, Sub Registrar Office, Peelamedu, Coimbatore.

2.Dr.M.Mohana ... Respondents (R2 - impleaded vide order dated 04.12.2013 in M.P.No.2 of 2013 in WP.30521/2013) Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus directing the respondent to register the Sale Deed dated 21.12.2012 as per the provisions of the Registration Act, 1908 and return the same to the petitioners within a time. For Petitioners: Mr.C.Uma Shankar For Respondents: Mr.P.P.Purushothaman, Government Advocate (R1) R2 - no appearance

O R D E R

The petitioners have filed the above Writ Petition to issue a Writ of Mandamus directing the respondent to register the Sale Deed dated 21.12.2012 as per the provisions of the Registration Act, 1908 and return the same to the petitioners within a time frame.

2.Mr.C.Uma Shankar, learned counsel appearing for the petitioners submitted that the petitioners presented the Sale Deed dated 21.12.2012 for registration before the 1st respondent, however, the 1st respondent without https://hcservices.ecourts.gov.in/hcservices/

registering the same, retained the same and keeping it pending and assigned a Pending Registration No.66 of 2012. The learned counsel for the petitioners further submitted that since the document is kept pending for nearly eight years, a direction may be given to the 1st respondent to issue notice to the petitioner as well as to the 2nd respondent and also to other interested parties and pass orders on merits and in accordance with law with regard to the registration of the document.

3.Mr.P.P.Purushothaman, learned Government Advocate appearing for the 1st respondent submitted that the 1st respondent may be directed to pass orders, after issuing notice to the petitioner, 2nd respondent and to other interested parties.

4.Having regard to the submissions made by the learned counsel on either side, since the 1st respondent is keeping the document pending for nearly eight years without passing any order, I direct the 1st respondent to pass orders, on merits and in accordance with law with regard to the registration of the Sale Deed dated 21.12.2012, after issuing notice to the petitioner, 2nd respondent and to other interested parties, within a period of twelve weeks from the date of receipt of a copy of this order.

5.With these observations, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar va To 1.The Sub Registrar, Sub Registrar Office, Peelamedu, Coimbatore.

+1cc to the Government Pleader, S.R.No.25868 W.P.No.30521 of 2013 and M.P.No.1 of 2013 BR(CO) CB(07/08/2020) https://hcservices.ecourts.gov.in/hcservices/