B.Vinobha v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.31948 of 2017 and W.M.P.No.35094 of 2017 B.Vinobha ... Petitioner Vs.

The Sub Registrar, Office of Sub Registrar, Padappai Kanchipuram District.

.. Respondent PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondent to receive and register the sale deed dated 23.10.2017 executed in favour of the petitioner. For Petitioners : Mr.N.Baskaran For Respondent : Mr.R.Govindasamy, Special Government Pleader.

O R D E R

The petitioner seeks for a mandamus directing the respondent to receive and register the sale deed dated 23.10.2017 executed in favour of the petitioner by one Vadivelu and another through their Power Agent.

2. The grievance of the petitioner is that the respondent is not at all receiving the document for registering the same without any valid reason and also by passing any order.

3. After notice, the learned Special Government Pleader, based on instructions, submitted that the document which is sought to be registered is in respect of an unapproved plot and therefore, the registering authority is not in a position to register the document.

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4. Admittedly, no order has been passed, so far, by the respondent by intimating the reason to the petitioner for not registering the document. Therefore, it is for the respondent to receive the said document and pass orders on merits and in accordance with law and communicate the same to the petitioner. Without doing so, the respondent cannot orally say something to the petitioner. Accordingly, this writ petition is disposed of by permitting the petitioner to present the said document before the respondent within a period of two weeks from the date of receipt of a copy of this order and on receipt of such document, the respondent shall pass orders on merits and in accordance with law and communicate the same to the petitioner within a period of two weeks thereafter. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True copy// Sub Assistant Registrar vsi To The Sub Registrar, Office of Sub Registrar, Padappai Kanchipuram District.

+1cc to Mr.N.Baskaran, Advocate SR.No.1672 +1cc to Government Pleader SR.No.1836 W.P.No.31948 of 2017 GN(12/01/2018) https://hcservices.ecourts.gov.in/hcservices/