Thangarasu v. The Sub- Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Thangarasu .. Petitioner

Versus

1. The Sub-Registrar, Vriddhachalam Sub Registrar Office, Cuddalore District.

2. Kasinathan .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to Refusal Check Slip in refusal number; RFL/1 Sub-Registrar Vriddhachalam/140/2024 dated 24.05.2024 and quash the same as illegal and incompetent and consequently direct the first respondent to register the petitioner sale deed dated 18.05.2024 within a reasonable time. For Petitioner : Mr.T.Meganathan For Respondents : Mr.P.Anandhakumar Additional Government Pleader - R1 Mr.B.Harish - R2 1/4

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed to quash the impugned check slip in refusal number; RFL/1 Sub-Registrar Vriddhachalam/140/2024 dated 24.05.2024 as illegal and incompetent and consequently direct the first respondent to register the sale deed dated 18.05.2024 presented by the petitioner within a reasonable time.

3. Heard the learned counsel for the petitioner and learned Government Advocate appearing for the respondents and perused the materials available on record.

4. It is the contention of the learned counsel for the petitioner that when the sale deed dated 18.05.2024 was presented by the petitioner for registration, the same has been refused to be registered by the first respondent on the ground that the appeal in A.S.No.234 of 2024 is pending between the parties before the Additional District Munsif Court, Virudhachalam. Challenging the same, the present Writ Petition has been filed. 2/4

5. At the outset, this Court is of the view that unless there is an order of injunction or stay, mere pendency of a suit or an appeal will not be a bar for transaction, however, the same is subject to the result of the suit and decree will bind on the parties. In such view of the matter, the refusal slip cannot be sustained in law.

6. Accordingly, this Writ Petition is allowed and the refusal slip of the first respondent dated 24.05.2024 stands quashed and the first respondent is directed to register the sale deed dated 18.05.2024 presented by the petitioner within a period of one month from the date of receipt of a copy of this Order. No costs.

11.06.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No To, The Sub-Registrar, Vriddhachalam Sub Registrar Office, Cuddalore District.

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N. SATHISH KUMAR , J.

vrc W.P.No.14892 of 2024 11.06.2024 4/4