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Madras High CourtWP/6627/2019disposed of

V.Madeshan v. The Sub Registrar

2019-03-08Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.6627 of 2019

1. V.Madeshan

2. Pownraj

3. V.Mahendiran

4. T.Dineshkumar

...Petitioners

Vs.

The Sub Registrar, Sub Registrar Office, Shoolagiri, Krishnagiri District. ...Respondent Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondent to consider and pass orders on the petitioner's representations dated 09.01.2019 with regard to register and return the document No.P49/2018 dated 18.09.2018 within a stipulated time as fixed by this Hon'ble Court.

For Petitioners : Mr.P.M.Jayachandran For Respondent : Mr.M.Thamizharasan Government Advocate

O R D E R

Mr.M.Thamizharasan, learned Government Advocate takes notice for the respondent. By consent of the parties, this main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioners seek for a mandamus directing the respondent to consider their representation dated 09.01.2019, wherein and whereby, they sought for return of the document No.P49/2018 dated 18.09.2018.

3. According to the petitioners, they presented the said sale deed for registration on 18.09.2018 before the respondent and the said document was assigned with No. P49/2018.

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4. It is the grievance of the petitioners that even after assigning the said pending number, the respondent has not either registered the document or returned the same so far. Therefore, the present writ petition is filed, after making representation on 09.01.2019.

5. Needless to say that if the document is presented, the respondent has to either register or return the same with the check slip, if there are any deficiencies. Without doing either of those two acts, the respondent is not entitled to retain the document without any reason.

6. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioners, as it is for the respondent to consider the representation of the petitioners and pass orders on the same on merits and in accordance with law. Accordingly, this Writ Petition is disposed of, only by directing the respondent to consider the representation of the petitioners dated 09.01.2019 and pass appropriate orders on the same on merits and in accordance with law within a period of three weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar sni/mk To The Sub Registrar, Sub Registrar Office, Shoolagiri, Krishnagiri District.

+1cc to Mr.P.M.Jayachandran , Advocate SR.No. 21916 W.P.No.6627 of 2019 A.SK(27/03/2019) https://hcservices.ecourts.gov.in/hcservices/