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Madras High CourtWP/8881/2023dismissed

Vadivel v. The District Registrar

2023-04-20Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.04.2023

CORAM

THE HONOURABLE Mr. JUSTICE M.S.RAMESH K.Vadivel .. Petitioner Vs.

1.The District Registrar Tiruvannamalai District Tiruvannamalai 2.The Sub Registrar Mangalam Tiruvannamalai District 606 752 .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for a writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in his Refusal Check Slip bearing Refusal No. RFL/Mangalam/2/2023 dated 11.01.2023 and quash the same and further direct the 2nd respondent to register the sale deed executed by the petitioner in respect of survey No.164/8, measuring 75 cents and survey No.165/1A, measuring 1 cent in Kanalapadi Village, Mangalam Sub Registration District, Tiruvannamalai Registration District.

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For Petitioner : Mr.B.Jawahar For Respondents : Mr.Yogesh Kannadasan Special Government Pleader -------

O R D E R

This petition is filed to quash the impugned order of Refusal Check Slip in refusal RFL/Mangalam/2/2023 dated 11.01.2023 and for a direction to the 2nd respondent to register the Sale Deed executed by the petitioner.

2. Heard Mr.B.Jawahar, learned counsel for the petitioner as well as Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents and perused the materials available on record.

3. Section 22-B(3) of the Registration Act, 1908, empowers the Sub Registrar to refuse registration, on the ground that there is an attachment by a Court of law over the subject property. The present impugned Check Slip also states that an attachment order has been passed by the District Court, Tiruvannamalai in A.No.3332 of 2019 and therefore, refused registration. The reason assigned is in confirmation with Section 22-B(3) of 2/4

the Act and hence, there is no infirmity in the reason. The petitioner always be at liberty to have the attachment order lifted, by taking appropriate proceedings.

With the above observation, the Writ Petition is dismissed. No costs.

20.04.2023 Index : Yes/No gya To 1.The District Registrar Tiruvannamalai District Tiruvannamalai 2.The Sub Registrar Mangalam Tiruvannamalai District 606 752 M.S.RAMESH, J.

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