Madras High CourtWP/24024/2015disposed of

K.Vasudevan v. The Joint-Ii Sub Registrar,

2015-09-04Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.09.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.No.24024 of 2015 K.Vasudevan ... Petitioner Vs.

1. The Joint-II Sub Registrar, Chengalpet,

2. R.Kannusamy .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus to direct the first respondent to register the agreement of sale dated 21.03.2015 presented on 17.7.2015 which was assigned as Document No.F201500819 on the file of Joint-II Sub Registrar, Chengalpet and release the same to the petitioner within the time to be stipulated by this Court.

For Petitioner : Mr.R.Bharath Kumar For Respondents: Mr.R.A.S.Senthilvel,AGP for R.1 No appearance for R.2

ORDER

The petitioner on 17.7.2015 presented a document - agreement of sale dated 21.3.2015 entered with the second respondent for registration. The said deed has been presented by the power holder - 2nd respondent, who is the registered power of attorney agent appointed by one K.Paulkarasu vide deed of general power of attorney dated 10.9.2014. As the said document has not been registered, the present writ petition is filed.

2. When the writ petition came up for admission, this Court directed the learned Additional Government Pleader to get instructions.

3. On instructions, the learned Additional Government Pleader today submitted that the petitioner will have to produce a document from an appropriate authority to show that the person, who executed the power deed in favour of the holder is alive. On production of the said document, the agreement of sale dated 21.3.2015 entered with the https://hcservices.ecourts.gov.in/hcservices/

second respondent by the petitioner would be registered. Learned counsel appearing for the petitioner also submitted that the petitioner would produce the said document.

4. In view of the same, the writ petition is disposed of directing the 1st respondent to register the agreement of sale dated 21.3.2015 entered with the second respondent on the production of a document from the competent authority to the effect that the principal who executed the power deed in favour of the 2nd respondent is alive. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar usk To

1. The Joint-II Sub Registrar, Chengalpet, + 1 cc to Mr.R. Bharathkumar, Advocate Sr.48233 + 1 cc to Government Pleader Sr.48317 W.P.No.24024 of 2015 CTK(CO) Eu 25.09.15 https://hcservices.ecourts.gov.in/hcservices/