P.Subburayan v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22-08-2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM P.Subburayan ... Petitioner Vs.

1.The District Registrar, Registration Department, Namakkal District.

2.The Sub Registrar, Senthamangalam, Namakkal District.

3.G.P.Varadharajan [R-3 impleaded vide order of Court dated 12.03.2021 made in WMPNo.2822 of 2019 in WP No.15987 of 2018] ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to register the Sale Deed dated 06.05.2013 presented by the petitioner in

respect of the lands comprised in New Survey No.106/5 situated at Senthamangalam Village, Senthamangalam Sub Registration District, Namakkal Registration District.

For Petitioner : Ms.Shri Varshini for Mr.I.Abrar Md Abdullah For Respondents-1 and 2: Mr.G.Krishna Raja, Additional Government Pleader.

For Respondent-3 : Mr.Arun for Mr.S.Senthil

O R D E R

The relief sought for in thhe present writ petition is to direct the second respondent to register the Sale Deed dated 06.05.2013 presented by the petitioner in respect of the lands comprised in New Survey No.106/5 situated at Senthamangalam Village, Senthamangalam Sub Registration District, Namakkal Registration District.

2. The petitioner states that he is the purchaser of the subject property and presented the Sale Deed on 06.05.2013 before the second respondent for registration. Since the said document was refused to be registered, the petitioner has chosen to file the present writ petition.

3. The learned counsel appearing on behalf of the third respondent made a submission that three civil suits instituted between the parties are pending before the Competent Civil Court of Law. Thus, pendency of the civil suits, per se, cannot be the ground for refusal to register the document submitted for registration.

4. However, in the present case, the petitioner submitted the Sale Deed for registration before the second respondent on 06.05.2013 and filed the present writ petition on 26.06.2018, after a lapse of about five years.

5. This Court is of the opinion that the present status of the document is to be verified for the purpose of considering the relief. The petitioner himself filed the present writ petition belatedly and after a lapse of about five years from the date of registration of the document.

6. It is brought to the notice of this Court that three civil suits are pending between the parties.

7. This being the factum, the petitioner is at liberty to approach the Competent Civil Court of Law or initiate appropriate action for the purpose of redressal of his grievances in the manner known to law.

8. With the above observations, the present writ petition stands disposed of. However, there shall be no order as to costs. 22-08-2023 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn

To 1.The District Registrar, Registration Department, Namakkal District.

2.The Sub Registrar, Senthamangalam, Namakkal District.

S.M.SUBRAMANIAM, J.

Svn WP 15987 of 2018 22-08-2023