K.Rajendran v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.14103 of 2024 K.Rajendran ... Petitioner Vs 1.The District Registrar JSRO South Chennai - I Saidapet, Chennai - 600 015 2.The Sub Registrar Joint I, Saidapet Madras 15 3.A.Priyadarshini 4.Vijayalakshmi ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the 1st respondent to entertain Token Nos.25, 26, 27 & 28 (D-525, D-526, D-527 & D-528) dated 29.04.2024 and register the sale deeds and the Memorandum of Deposit of Title Deeds. For Petitioner : Mr.Avinash Wadhwani For Respondent : Mr.B.Vijay, AGP for R1 and R2 Page 1/5

O R D E R

This writ petition has been filed to direct the 1st respondent to entertain Token Nos.25, 26, 27 & 28 (D-525, D-526, D-527 & D-528) dated 29.04.2024 and register the sale deeds and the Memorandum of Deposit of Title Deeds.

2. It is the case of the writ petitioner that an extent of 2400 sq.ft. originally belonged one A.K.Sukumar, from whom, one Prabakar has purchased the property on 30.10.1982 by way of a registered Document No.2985 of 1982. The said Prabakar died on 18.06.2015 leaving behind his wife P.Malliga and his son P.Sudhakar and they were declared as legal heirs of the deceased vide proceedings in Pa. Mu. No.3185/2016 dated 10.02.2016. The legal heirs of said Prabakar have executed a Power of Attorney in favour of one Balakrishnan on 11.10.2019. The same was also registered as Document No.4174 of 2020. On the basis of the Power of Attorney, the said Balakrishnan had executed a sale deed in favour of the petitioner on 08.07.2021 and the same was registered as Document No.7223 of 2021 on the file of SRO, Madras South. Now, when the petitioner intended to sell the property in favour of the respondents 3 and 4, the document was refused to be registered on the ground Page 2/5

of some objection raised by the other legal heirs of one Prabakar. Hence seeks a direction.

3. Mr.B.Vijay, the learned Additional Government Pleader, on instructions, would submit that the petitioner has not presented the documents for registration. If the documents are presented, the same will be registered considering the merits of the protest petition.

4. It is relevant to note that the petitioner had purchased the property in the year 2021. The registration of the sale deed is a public notice. Such sale has not been challenged so far by the so-called other legal heirs. If at all the other legal heirs have any right over the property, it is for them to agitate the same in a competent civil court to claim their respective shares. That merely on the basis of the protest petition, they cannot prevent the registration of the documents. This court has elaborately dealt a similar issue in Subramani vs. The Sub Registrar, Rasipuram and others in W.P. No.11056 of 2024 Dated 26.04.2024 Page 3/5

5. The above decision will apply to the case on hand. In such view of the matter, If the petitioner presents the documents, the first respondent is directed to the register the same, if they are otherwise in order, within a period of one week from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. No costs. 23.07.2024 Index : Yes / No : Yes / No Asr To 1.The District Registrar JSRO South Chennai - I Saidapet, Chennai - 600 015 2.The Sub Registrar Joint I, Saidapet Madras 15 3.The Government Pleader High Court, Madras Page 4/5

N.SATHISH KUMAR , J.

Asr W.P.No.14103 of 2024 23.07.2024 Page 5/5