A.Ganapathy v. The Sub Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.04.2025
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH A.Ganapathy .. Petitioner Vs The Sub Registrar Periyanayakanpalayam Coimbatore .. Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus call for the records of the respondent passed in RFL/Periyanayakanpalayam/Book 2/2 dated 18.03.2025 and quash the same and consequently direct the respondent to register. For Petitioner : Mr.K.S.Jeyaganeshan For Respondent : Mr.U.Baranidharan Special Government Pleader
O R D E R
This writ petition has been filed challenging the impugned proceedings of the respondent dated 18.03.2025 and for a consequential direction to the respondent to register and release the document. 1/4
2. The case of the petitioner is that the sale deed was executed in his name on 18.12.2024 by the Power of Attorney Agent and the document was presented for registration before the respondent and all the formalities were completed. The document was kept as pending document and ultimately, the impugned proceedings dated 18.03.2025 came to be issued stating that the Principal had already cancelled the Power of Attorney document and a protest petition has been received.
3. When the matter came up for hearing on 24.04.2025, this Court passed the following order :
"The learned Special Government Pleader appearing on behalf of the respondents shall take instructions as to whether the entire process of registration was completed when the Sale Deed was presented for registration on 18.12.2024. This is in view of the fact that the Power of Attorney document has been cancelled on 07.02.2025 and the refusal Check Slip has been issued on 18.03.2025, which was received by the petitioner on 04.04.2025. Hence, if the entire formality has been completed on18.12.2024 and the document alone is kept pending, this Court can direct the document to be released.
Post this case at the end of the motion list on 30.04.2025." 2/4
4. When the matter was taken up for hearing today, the learned Special Government Pleader produced written instructions received from the respondent. On going through the same, it is clear that entire formalities were completed, on the day when the document was presented for registration and what remain was only the registration of the document and release of the same.
5. In the considered view of this Court, the dispute between the Principal and the Agent cannot be put against the petitioner, since on the day when the document was executed in favour of the petitioner, there was a valid Power of Attorney in favour of the Agent. Therefore, the entire formalities have been completed. Hence, the document presented for registration has to be registered and released to the petitioner immediately. This process shall be completed by the respondent within a period of one week from today. This writ petition is allowed is allowed with the above terms. No costs. 30.04.2025 gya 3/4
N. ANA ND VENKATESH , J.
gya To The Sub Registrar Periyanayakanpalayam Coimbatore W.P.No.14512 of 2025 30.04.2025 4/4