Varma Constructions Pvt Ltd v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.No.15725 of 2021 Varma Constructions Private Ltd., rep. By its Managing Director R.Vijayaraman ... Petitioner Vs.

1. The District Registrar, (Salem West), Registration Department, Collectorate Compound, Salem District, Salem.

2. The Joint Sub-Registrar, Registration Department, Salem West, Collectorate Compound, Salem-1.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2nd Respondent to receive the Sale deed and register the same going to submit by the petitioner in respect of the land situated in S.No.76/5, Ayyamperumalpatti Village and Post, Salem Taluk, Salem District. For Petitioner : Mr.C.Prakasam For Respondents : 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 2nd respondent to accept the sale deed and register the same.

2. The grievance of the petitioner is that, the petitioner has purchased the property in Survey No.76/5, situated at Ayyamperumalpatti Village, Salem Taluk, and District, thereafter, he has produced the sale deed before the 2nd https://hcservices.ecourts.gov.in/hcservices/

respondent Sub-Registrar for registration. The 2nd respondent refusing to register the document. Hence, the present writ petition has been filed by the petitioner.

3. Mr. C.Prakasam, learned counsel appearing for petitioner would submit that, earlier, the lands were subjected to land acquisition proceedings subsequently, acquisition proceedings has been set aside by Hon'ble Supreme Court. Thereafter, the Housing Board has also given no objection stating that the lands are not subjected to land acquisition proceedings. Despite the same, the 2nd respondent Sub-Registrar is not even receiving the document, and issuing any order for registering the document. Hence, the 2nd respondent may be directed to pass orders either to accept the document or refusing to register the document.

4. Heard the submissions made by learned counsel appearing for petitioner and perused the records.

5. Considering the limited prayer sought in the Writ Petition, without going into the merits of the case, the 2nd respondent Sub-Registrar is directed to receive the sale deed and pass suitable orders after hearing the petitioner either to accept the document for registration or refuse to register the document. Accordingly, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rpp To

1. The District Registrar, (Salem West), Registration Department, Collectorate Compound, Salem District, Salem.

2. The Joint Sub-Registrar, Registration Department, Salem West, Collectorate Compound,Salem-1.

+2ccs to Mr.C.Prakasam, Advocate, S.R.No.36752 W.P.No.15725 of 2021 GJ(CO) BE(30/07/2021) https://hcservices.ecourts.gov.in/hcservices/