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Madras High CourtWP/13629/2020disposed of

A.Sekar v. The Inspector General Of Registration,

2020-09-30Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH WP.No.13629 of 2020 A. Sekar ... Petitioner Vs.

1. The Inspector General of Registration, Santhome High Road, Chennai-28.

2. The District Registrar, Office of the District Registrar, Tirupattur.

3. The Sub Registrar, Office of Sub Registrar, Natrampalli, Tirupattur District.

4. Centre for Rural Health and Social Education, (Society registered under the Societies Registration Act, 1975 (Tamil Nadu Act 27 of 1975) rep. By its Secretary Mr.Bennet Benjamin, No.215/216, Kottaiyur Road, Elagiri Hills, Tirupattur District 635 853.

.. Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus to direct the 3rd respondent to register the sale deed dated 08.09.2020 and release the document in accordance with the provisions of Registration Act, 1908 For petitioner : Mr.K.Selvaraj For Respondents: Mr. T.M. Pappiah, Spl. Govt. Pleader R1 to R3

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the 3rd respondent to register the sale deed presented by the petitioner for registration on 8.9.2020 and to release the document.

2.The case of the petitioner is that the subject property originally belongs to the 4th Respondent Society. The 4th respondent society offered to sell the subject property in favour of the petitioner and a resolution was also passed to that effect by the 4th respondent. Thereafter, a sale deed was executed in favour of the petitioner by the 4th respondent on 8.9.2020. The grievance of the petitioner is that the sale deed was presented for registration, but the 3rd respondent refused to register the same. Left with no other alternative, the present writ petition has been filed.

3. Heard Mr.T.M. Pappiah, learned Spl. Govt. Pleader for the respondents 1 to 3.

4. Taking into consideration the facts and circumstances of the case and also of the fact that the 4th respondent Society has already executed the sale deed in favour of the petitioner, the 3rd respondent is directed to entertain the document, if it is, otherwise in order and register the same subject to the condition that the petitioner pays the necessary stamp duty and registration fees. If there is any objection in registering the sale deed, necessary orders shall be passed under section 71 of the Registration Act.

5. This writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar msr To

1. The Inspector General of Registration, Santhome High Road, Chennai-28.

2. The District Registrar, Office of the District Registrar, Tirupattur.

3. The Sub Registrar, Office of Sub Registrar, Natrampalli, Tirupattur District.

4. Centre for Rural Health and Social Education, (Society registered under the Societies Registration Act, 1975 (Tamil Nadu Act 27 of 1975) rep. By its Secretary Mr.Bennet Benjamin, No.215/216, Kottaiyur Road, Elagiri Hills, Tirupattur District 635 853.

WP.No.13629 of 2020 RR(CO) RMP(05/11/2020)