Samidurai v. The Joint Sub Registrar Ii

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 03.06.2025

CORAM:

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ Samidurai ..

Petitioner Vs.

The Joint Sub Registrar II Vellore Sub Registrar Office Vellore District.

..

Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of certiorarified mandamus, calling for the records relating to the impugned order passed by the respondent vide resufal check slip RFL/1No.Sub Registrar Vellore 13/2025, dated 08.04.2025 and quash the same and subsequently direct the respondent to register the property.

For Petitioner :

Mr.T.Muruganantham for Mr.R.Sunil Kumar For Respondent :

Mr.V.Baranidharan Special Government Pleader

ORDER

The present writ petition has been filed challenging the order passed by the respondent vide Resufal Check Slip bearing RFL/1 No. Sub Registrar Vellore 13/2025, dated 08.04.2025 and to subsequently direct the respondent to register the subject property. Page No.1 of 4

2. One of the reasons for refusal to register the subject property is that one of the documents was forged.

3. After submitting for a brief-while that the refusal is without any jurisdiction, the learned counsel appearing for the petitioner on being pointed that disputed question of facts would arise for consideration and there is a statutory remedy available and whenever a statutory remedy is available, Courts would be slow to interfering under Article 226 of the Constitution of India.

4. He would request that he may be granted leave to file an appeal and that a direction may also be given to the Appellate Authority to dispose the appeal within a particular time-frame.

5. The learned Special Government Pleader appearing for the respondent would submit that the petitioner may file an appeal within a period of two weeks from the date of receipt of a copy of this order. If such an appeal is filed and if otherwise in order, the same shall be disposed of within a period of eight weeks thereafter, which is also agreed to by both parties.

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6. In light of the above, by recording the aforesaid submissions, the present writ petition stands disposed of. However, there shall be no order as to costs.

03.06.2025 Index:Yes/No Speaking order/Non-speaking order Note: Issue order copy on 04.06.2025.

drm To:

1. The Joint Sub Registrar II Vellore Sub Registrar Office Vellore District.

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MOHAMMED SHAFFIQ, J.

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