E.Sivakumar v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.NO.13163 OF 2021 E.Sivakumar, S/o.Elumalai Kumar ... Petitioner Vs.

The Sub-Registrar, Polur, Tiruvannamalai Dt.

... Respondent PRAYER:- Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to register petitioner's sale deed dated 06.02.2020 entered in Book No.1 of 2020 in page 5 and also direct the respondent to hand over the sale deed after registration. For Petitioner : Ms.Reshmi Christy For Respondent : Mr.Yogesh Kannadasan, Government Advocate

O R D E R

(The case has been heard through video conference) The Writ Petition has been filed seeking a direction directing the respondent to register sale deed dated 06.02.2020 presented by the petitioner for registration.

2. According to the learned counsel appearing for petitioner, the petitioner has purchased the property from one Jayanthi for valuable consideration and the sale deed was presented before the respondent Sub-Registrar for registration. The respondent has refused to register the same without assigning any reason whatsoever. Hence, the present Writ Petition has been filed.

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3. Earlier, notice ordered to the respondents. Today, when the matter taken up for hearing, Mr.Yogesh Kannadasan, learned Government Advocate appearing for respondent, on instructions, would submit that, the land in question is classified as a panjami land and it was assigned to scheduled caste community people. He would further submit that, as the petitioner not belong to scheduled caste community, he is not entitled to purchase the land. Hence, the respondent Sub-Registrar had refused to register the sale deed by an order dated 05.07.2021 and returned the document to the petitioner. But, without disclosing the same, the present Writ Petition has been filed.

4. Considering the fact that, already, the respondent SubRegistrar has returned the sale deed to the petitioner, the prayer sought by the petitioner to register the document cannot be granted at this stage. However, if the petitioner has any grievance over the order passed by the respondent, it is always open to challenge the same in the manner known to law, and the prayer sought in the Writ Petition cannot be granted and the same is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rpp To The Sub-Registrar, Polur, Tiruvannamalai Dt.

+1cc to Ms.Reshmi Christy, Advocate, S.R.No.31358 +1cc to the Government Pleader, S.R.No.31969 W.P.NO.13163 OF 2021 SKY(CO) PBS/02/08/2021 https://hcservices.ecourts.gov.in/hcservices/