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Madras High CourtWP/18757/2023allowed

R.Rajeshwari v. The Sub Registrar

2023-08-07Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.18004 of 2023 R.Rajeshwari ... Petitioner Vs.

The Sub Registrar, Guduvancheri, Chengalpattu District 603202.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the Impugned order having reference RFL/Guduvancheri/14/ 2023 dated 12.05.2023 on the file of respondent and quash the same and subsequently direct the Respondent to register the "Memorandum relating of deposit of Title Deeds" dated 12.05.2023.

For Petitioner : Mr.E.P.Senniyangiri For Mr.S.Elumalai For Respondent : Mr.D.Ravichander Special Government Pleader

O R D E R

The writ petition has been filed challenging the refusal check slip issued by the respondent in proceedings dated 12.05.2023.

2. The petitioner states that she is the purchaser of the subject property and presented a mortgage deed for registration. The document was returned on the ground that the writ petition in W.P.No.19197 of 2022 was filed before the High Court.

3. Mere filing of a writ petition is not a bar for registering a document, which is presented otherwise in accordance with law. Such registration can be refused only in the event of an order from the High Court and in the present case, the said writ petition filed in W.P.No.19197 of 2022 has already been disposed of with a direction to consider the representation filed by one Mr.S.Murugesan, who was the writ petitioner in W.P.No.19197 of 2022. Thus, there is no impediment for the respondent to proceed with the registration of mortgage deed.

4. Accordingly, the impugned refusal check slip passed by the respondent in RFL/Guduvancheri/14/2023 dated 12.05.2023 is quashed and the respondent is directed to proceed with the registration by following the procedures contemplated and complete the same within a period of four (4) weeks from the date of receipt of a copy of this order.

5. Accordingly, this Writ petition stands allowed. No costs. Consequently, connected Miscellaneous Petition is closed. 07.08.2023 Jeni Index : Yes Speaking order To The Sub Registrar, Guduvancheri, Chengalpattu District 603202.

S.M.SUBRAMANIAM, J.

Jeni 07.08.2023