Rajakumar v. The Sub Registrar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.11868 of 2022 Rajakumar ... Petitioner Vs.
The Sub Registrar, Joint II, Thirupadiripluyir, Cuddalore 607002.
... Respondent PRAYER: This Writ Petition filed under Section 226 of Constitution of India, pleased to issue a Writ of Mandamus directing the respondent to register the sale deed dated 01/11/2021 in the name of petitioner in respect of S.No.103 /1 00385 Sq.metres or 4142 Sq.ft in Thiagavalli Village, Cuddalore Taluk, Cuddalore District.
For Petitioner : Mr.D.Baskar For Respondents : Mr.Yogesh Kannadasan Additional Government Pleader Order This petition has been filed for issuance of writ of Mandamus to direct the 2nd respondent to consider and pass orders on the petitioners representation dated 12/12/2021 within the time stipulated by this Court.
2. The case of the petitioner is that one Pakkiri, who is the senior paternal uncle had purchased the property in new S.F.No.103/1, Old S.F.No.196/1, Thiagavalli Village, Cuddalore Taluk, Cuddalore District and later he constructed a house thereon. However, the petitioner's father was using the superstructure and the property tax and electricity service connection were given in the name of his father. After the death of the said Pakkiri, after several attempts, the legal heirs of the said Pakkiri got joint patta in their names. It is the further case of the petitioner that from the legal heirs of the petitioner's paternal uncle, the petitioner had negotiated for purchase of the said property and in that regard, inspite of several request, the respondent did not provide the guideline value for the said property, however it was informed orally and therefore, atlast, on 01.11.2021, his vendors executed a Sale Deed in his favour based on the oral statement of guideline value and on the same day, the Sale Deed was presented for https://hcservices.ecourts.gov.in/hcservices/
registration with the respondent. However, till date, the same has not been registered. Aggrieved by the same, the petitioner is before this Court.
3. The learned counsel appearing for the petitioner submitted that it would suffice if this Court issues direction to the respondent to register the Sale Deed dated 01.11.2021 in the name of the petitioner, within a stipulated time frame as fixed by this Court.
4.The learned Special Government Pleader appearing for the official respondents has no objection for said order being passed and if the papers are otherwise in order, the Sale Deed will be registered in accordance with law.
5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the respondent to entertain the Sale Deed dated 01.11.2021, if the papers are otherwise in order. This writ petition is accordingly disposed of accordingly. No costs. Sd/- Assistant Registrar //True copy// Sub Assistant Registrar sk To The Sub Registrar, Joint II, Thirupadiripluyir, Cuddalore 607002.
+1cc to Mr.D.Baskar, Advocate SR.No.33277 +1cc to Government Pleader SR.No.33712 W.P.No.11868 of 2022 AJS(CO) GMY(24/06/2022) https://hcservices.ecourts.gov.in/hcservices/