K.Loganathan v. The Sub Registrar-Walajabad

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.06.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.11902 of 2022 K. Loganathan

...Petitioner

Vs.

The Sub Registrar Walajabad, Walajabad, Kancheepuram District.

...Respondent

PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other appropriate Writ or order or directions in the nature of Writ directing the Respondent to register the Sale Deed dated 05.04.2022 in favour of the Buyer namely L.Arun Kumar within a reasonable period as may be fixed by this Hon'ble Court.

For Petitioner :

M/s.P.Sam Japa Singh For Respondents :

Mr. Yogesh Kannadasan, Special Government Pleader

ORDER

The present petition has been filed seeking a direction to the Respondent herein to register the Sale deed dated 05.04.2022 in favour of the in buyer of the subject property namely L.Arun Kumar within the time stipulated by this Court.

2. Mr. Yogesh Kannadasan, learned Special Government Pleader takes notice for the respondent.

3. It is the case of the petitioner that originally the petitioner purchased the subject property from his vendors by way of a settlement deed dated 21.05.2015. However, the petitioner lost the said settlement deed and had also obtained the "Missing Certificate" by lodging a complaint before the law enforcing agency with regard to the missing of the settlement https://hcservices.ecourts.gov.in/hcservices/

deed. Subsequently, the petitioner on deciding to sell the subject property, had executed a sale deed with one L.Arun Kumar. Thereafter, in order to register the sale deed in favour of said Arun Kumar, the petitioner made an application before the respondent/ Sub-Registrar Walajabad. However, till date, the same has not been considered. Hence, the petitioner has come up with this Writ Petition.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the Respondent herein to entertain the document for registration, within the time stipulated by this Court.

5. Learned Additional Government Pleader appearing for the respondent submits that the petitioner's representation dated 05.04.2022 made by the petitioner will be considered and disposed of in accordance with law, if the same is otherwise in order.

6. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the Respondent/Sub-Registrar to entertain the subject document along with the necessary stamp duty and registration charges, if the same is otherwise in order, within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar NHS To The Sub Registrar Walajabad, Walajabad, Kancheepuram District.

+1cc to Mr.P.Sam Japa Singh, Advocate SR. No. 32376 +1cc to Government Pleader SR. No. 33725 W.P.No.11902 of 2022 GPL (CO) PR (01/07/2022) https://hcservices.ecourts.gov.in/hcservices/