S.Amsaveni v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. S.Amsaveni W/o Seenivas 12, 3rd Cross HSR Layout Sector 7, Pommanahalli, Bangalore, Karnataka 560 068 Petitioner(s) Vs

1. The Sub Registrar Office Of The Sub Registrar, Kelamangalam, Krishnagiri District Respondent(s) PRAYER Writ petition filed under Article 226 of the Constitution of India for the issue of writ of Certiorarified Mandamus to call for the records relating to the impugned proceeding vide RFL / Kelamangalam / 4 / 2025 dated 06.03.2025, on the file of the Respondent herein, quash the same and consequently direct the Respondent to register the sale deed dated 05.03.2025 presented by the petitioner for registration and release the document to the petitioner within a time period stipulated by this Court. For Petitioner(s): K.Rajkumar for R.Bharath Kumar

For Respondent: U.Baranidharan Special Government Pleader

ORDER

This writ petition has been filed challenging the impugned refusal check slip issued by the respondent dated 06.03.2025 and for a consequential direction to the respondent to register the Sale deed dated 05.03.2025 presented by the petitioner for registration and to release the document.

2. Heard Mr.K.Raj Kumar for Mr.R.Bharath Kumar, learned counsel for the petitioner and Mr.U.Baranidaran, learned Special Government Pleader for respondent.

3.

The respondent has issued the refusal check slip on the ground that already an aggreement of sale was registered in the year 2006 as Document No.6000 of 2006 and this document has not been cancelled till date. Therefore, the respondent refused to register the Sale deed presented for registration by the petitioner.

4.

In the considered view of this Court, the issue involved in the present writ petition is squarelly covered by the order

passed by the Division Bench of this Court in [N.Ramayee Vs. Sub Registrar, Registration Department and another] reported in 2020 6 CTC 697, wherein it has been held that merely because an agreement of sale has been executed, that does not in any way stop the owner of the property from dealing with the property.

5.

In the light of the above decision, the refusal check slip issued by the respondent dated 06.03.2025 is unsustainable and the same is hereby quashed. There shall be a direction to the respondent to register the sale deed, if it is otherwise in order.

6. This writ petition is allowed with the above directions. No costs.

07-04-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Sub Registrar Office Of The Sub Registrar, Kelamangalam, Krishnagiri District

N.ANAND VENKATESH J.

rka 07-04-2025