G.Subramaniyan v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2021

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.18285 of 2021 G.Subramaniyan

...Petitioner

vs.

The Sub Registrar, Sub Registrar Office, Sankarapuram Taluk, Kallakurichi District.

...Respondent

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to register and release the draft sale deed issued by the Sub Court at Kallakurichi, dated 26.07.2019, Receipt No. 4962/2019, Document No. 16 of 2019 pending before the respondent office.

For Petitioner : Mr.V.Gunasekar For Respondent : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the respondent to register and release the draft sale deed issued by the Sub Court at Kallakurichi, dated 26.07.2019, Receipt No. 4962/2019, Document No. 16 of 2019 pending before the respondent office.

2. The case of the petitioner is that the petitioner filed a suit in O.S.No.169 of 2011 on the file of the Sub Court at Kallakurichi, for specific performance and the same was decreed in his favour while judgement and decree dated 30.08.2017 in respect of the subject property comprised in S.No.57/15 ad-measuring 21/2 cents situated at Odiyandal Village, Sankarapuram Taluk, Kallakurichi District. Accordingly, the https://hcservices.ecourts.gov.in/hcservices/

learned Sub Judge, Kallakurichi executed a draft sale deed in favour of the petitioner in E.P.No.31 of 2018 on the file of the Sub Court at Kallakurichi and the same was presented for registration with registration charges of Rs.34,000/- and also the same was duly received by the respondent under Receipt No. 4962/2019. However, the same is pending as Document No. 16 of 2019 on the file of the respondent.

3. Considering the above, the respondent is directed to pass orders on the presentation of the draft sale deed for registration whether by registering, releasing the document or rejecting the same with cheque slip within a period of two weeks from the date of receipt of a copy of this order.

4. With the above direction, this writ petition is disposed of. No costs.

s/d- Assistant Registrar //True Copy// Sub-Assistant Registrar dm To 1.The Sub Judge, Kallakurichi District.

2.The Sub Registrar, Sub Registrar Office, Sankarapuram Taluk, Kallakurichi District.

+1 CC to Mr.V.Gunasekar, Advocate sr 61692 +1 CC to The Government Pleader sr 61917.

W.P.No.18285 of 2021 PM(CO) SP(16/12/2021) https://hcservices.ecourts.gov.in/hcservices/