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Madras High CourtWP/19534/2023disposed of

S.Illauyaraja v. The Joint Sub Registrar No. 1

2023-07-27Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.19534 of 2023 & W.M.P.No.21706 of 2023 S.Ilayaraja ... Petitioner Vs.

1.The Joint Sub Registrar No.1, Kallakurichi.

2.Murugesan ... Respondents (R2 impleaded as per order dated made in W.M.P.No.21706 of 2023) Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus, directing the respondent to register the sale deed dated 2.5.2023 presented for registration in P5 / 2023 and release the same to the petitioner forthwith For Petitioner : Mr.M.Gnanamoorthy For Respondent 1 : Mr.T.Venkatesh Kumar SpecialGovernment Pleader For Respondent 2 : Mrs.Divyapreathika

O R D E R

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The relief sought for in the writ petition is to direct the first respondent to register the sale deed dated 02.05.2023 presented for registration by the petitioner and release the same.

2. The petitioner states that he purchased the subject property and presented the sale deed for registration in P5/2023. However, the registering authority returned the document on the ground that two set of documents are registered by two persons in respect of the same subject property and accordingly, refused to register the document.

3. In this regard, an impleading petition also has been filed by one Murugesan. Accordingly, the impleading petition in W.M.P.No.21706 of 2023 is ordered as prayed for.

4. Thus, there is a dispute between two persons in respect of the subject property. Already the writ petitioner as well as the impleaded respondent have registered the documents in respect of the same property and therefore, the writ petitioner has to resolve the issue and establish his right in the manner known to law.

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5. With these observations, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. nl Index : Yes To The Joint Sub Registrar No.1, Kallakurichi.

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S.M.SUBRAMANIAM . J., nl 4/4