N.Nandakumar v. The District Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.06.2022 CORAM :
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.11256 OF 2022 AND W.M.P.NO.10816 OF 2022
1. N.Nandakumar
2. N.Danakodi
3. N.Sundarrajan ... Petitioners .Vs.
1. The District Registrar, Collectorate, Coimbatore - 641 018.
2. The Sub Registrar, Aanaimalai Sub Registrar Office, Aanaimalai - 642 104.
Coimbatore District.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to release the registered Document No.3896/2021 dated 21.09.2021 on the file of the 2nd respondent immediately to the petitioners herein.
For Petitioners :
Mr.V.Chandrasekaran For Respondents :
Mr.Yogesh Kannadasan Special Government Pleader
O R D E R
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to release the registered Document No.3896/2021 dated 21.09.2021 on the file of the second respondent immediately to the petitioners herein.
2. The case of the petitioners is that they have purchased a property from Tvl.C.V.Mohan Prakash, M.Vijayasutharma Prakash and M.Vijayarishiraja Prakash, to an extent of 1 Hectare, 3 Ares of agricultural land in Patta No.1831, bearing Survey No.485/A1B and an extent of Hec. 0.08.0 Ares of agricultural land in Patta No.2030, bearing Survey No.485/B1B, situated at Kottur Village, Aanaimalai Taluk, Coimbatore District, which was registered through a sale deed, dated 21.09.2021, vide Document No.3896/2021 on the file of the second respondent. Subsequent to the execution of the sale deed, the Encumbrance Certificate was issued by the Registration Department on 08.02.2022 and it reflects the sale transaction executed in favour of the petitioners. It is pertinent to note that the petitioners have paid all the registration charges.
Therefore, the petitioners made a representation dated 08.03.2022 before the second respondent, seeking to release the sale deed in favour of the petitioners. However, till date, the sale deed was not released in their favour. Hence, the petitioners have filed the present Writ Petition.
3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioners submitted that, it would suffice, if this Court issues direction to the second respondent to consider the petitioners' representation dated 08.03.2022 and release the sale deed within a particular time frame that may be fixed by this Court.
4. The learned Speical Government Pleader appearing for the respondents submitted that within a period of two weeks, appropriate orders will be passed regarding the release of the document.
5. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case directs the second respondent to take decision with regard to release of the sale deed and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar jd/rap
To 1.
The District Registrar, Collectorate, Coimbatore - 641 018.
2.
The Sub Registrar, Aanaimalai Sub Registrar Office, Aanaimalai - 642 104.
Coimbatore District.
+1cc to Mr.V.Chandrasekaran, Advocate, S.R.No.34865 +1cc to the Government Pleader, S.R.No.34986 W.P.NO.11256 OF 2022 AND W.M.P.NO.10816 OF 2022 SKM(CO) PBS/30/06/2022