Madras High CourtWP/7717/2022disposed of

S.Amutha v. The Sub Registrar

2022-04-07Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2022

CORAM

THE HONOURABLE Mr. JUSTICE M.DHANDAPANI WP.No.7717 of 2022 S.Amutha ...

Petitioner Vs The Sub Registrar, Mannargudi, Mannargudi Sub Registrar Office, Kattumannarkoil, Cuddalore District. ....Respondent Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to register the sale deed kept in abeyance as Doc. No.P.14/2012 forthwith and release the same to the petitioner.

For Petitioner : Mr. G.Peranban For Respondents : Mr. Yogesh Kannadasan, Spl.GP.

ORDER

This writ petition is filed seeking a direction to the respondent to register the sale deed kept in abeyance as Doc. No.P.14/2012 forthwith and release the same to the petitioner.

2. The case of the petitioner is that he purchased a vacant land measuring an extent of 0.10 cents comprised in Natham Survey No.64/1 New S.No.118/11 from one V.Sivakumar vide sale deed dated 08.05.2012. When the petitioner presented the sale deed for registration before the respondent and he kept the said document pending. On 07.02.2014 the petitioner made a representation to the respondent to release the document. The respondent, vide its proceedings dated 14.02.2014, stating that there is a stay over the property purchased by the petitioner.

3. In the above said circumstances, for the very same identical issue, another purchaser viz., Parivallal who were purchased the portion of the property from the same vendor, had approached this Court vide W.P.No.17862/2014 praying to register the sale deed kept in abeyance as Doc.No.P.15/2012 and this Court was pleased to allow the writ petition. At this juncture, the petitioner approached the respondent to consider the similar writ petition filed by one Parivallal, since the issue were identical and same subject matter. But the respondent has refused to register the sale deed and did not release the document. Without having any other alternative remedy, the petitioner has approached this Court by way of filing the present writ petition with the afore said prayer.

4. The learned counsel for the petitioner submitted that this Court may issue a direction to the respondent to pass appropriate orders based on the orders passed in W.P.no.17862 of 2014 within the stipulated period as fixed by this Court.

5. The learned Special Government Pleader submitted that necessary action will be taken with regard to the registration of the sale deed which was presented by the petitioner in accordance with law within the stipulated period as fixed by this Court.

6. Heard both sides and perused the materials available on record.

7. Considering the above, the petitioner is directed to represent the sale deed dated 08.05.2012 along with necessary registration charges, stamp duty and on receipt of the same, the respondent is directed to pass orders either to register or reject the same in the manner known to law within a period of twelve weeks from the date of receipt of a copy of this order. 8.With the above direction, this writ petition is disposed of. No order as to costs.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR

Rli To The Sub Registrar, Mannargudi, Mannargudi Sub Registrar Office, Kattumannarkoil, Cuddalore District.

+1cc to M/s.G.Peranban, Advocate Sr.24364 +1cc to the Government Pleader Sr.24547 WP.No.7717 of 2022 skm[co] srg 28/04/2022