A.R.Shabeer Ahamed v. The District Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
1. A.R.Shabeer Ahamed 2.R.R.Sakthi Prasanna Petitioner(s) Vs 1.The District Registrar, Thiruvannamalai District.
2.The Sub Registrar, Sub Registrar Office, Thandarmpattu, Thiruvannamalai.
3.Sadaiyan 4.Ayyanar Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus Directing the respondents 1 and 2 to consider the petitioners representation dated 03.03.2025 and directing the 2nd respondent to resume and permit the registration of sale deeds and other documents concerning the schedule property without being influenced by the pendency of a frivolous civil suit O.S. No.5/ 2025 filed by the 3rd and 4th respondents, pending before the Honb'le District Munsif Cum Judicial Magistrate 1/5
court, at Thandarampattu and Declare that the mere pendency of civil litigation, in the absence of a valid court injunction, does not operate as a bar on registration under the Registration Act.
For Petitioner(s) : Mr.G.Kalidasan For Respondent(s) : Mr.U.Baranidharan 1 & 2 Special Government Pleader
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the Respondents 3 and 4 is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus to direct the respondents 1 and 2 to consider the petitioner's representation dated 03.03.2025 and direct the 2nd respondent to permit registration of sale deeds and other documents concerning the schedule property despite pendency of Civil suit in O.S.No.5/2025, filed by the 3rd and 4th respondents, pending before the District Munsif cum Judicial Magistrate Court, at Thandarampattu.
3. It is submitted by the learned counsel for petitioner that the petitioner 2/5
purchased the land situated at Kizhsirupakkam Village, Thandarampattu Taluk, Thiruvannamalai District, measuring an extent of 1.11 1⁄2 acres and registered sale deed bearing Document No.5049/2024 dated 18.12.2024 from one Benny Thomas. It is stated that the petitioner developed the subject land into a residential layout and sold a plot through registered sale deed, however, he was refused registration of further sale deeds relating to the aforesaid layout. Aggrieved, petitioner has come before this Court.
4. At the outset, learned counsel for respondents would submit that there is no refusal slip which has been issued as such. Therefore, this appears to be a mere apprehension in the mind of the petitioner and thus pre-mature. It is further submitted by the learned counsel for respondents that if the petitioners were to represent any sale deed then the sale deed would be considered and registered if it is otherwise in order.
5. In view thereof, the writ petition stands disposed of with a direction to the petitioner to represent the documents for registration before the appropriate respondent. The concerned respondent shall consider and register the document if it is otherwise, if for any reason the registering authority finds that the registration ought to be refused, the same shall be done after assigning reasons 3/5
and after putting the petitioner, respondents 3 and 4 and other interested parties on notice. The above exercise shall be carried out within a period of two (2) weeks from the date of presentation of documents for registration. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law. No costs. 10.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka To:
1.The District Registrar, Thiruvannamalai District.
2.The Sub Registrar, Sub Registrar Office, Thandarmpattu, Thiruvannamalai.
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MOHAMMED SHAFFIQ, J.
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