S.Lakshminarayana v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.17558 of 2020 S.Lakshminarayana

...Petitioner

vs.

1. The District Registrar, Krishnagiri District, Krishnagiri.

2. The Sub-Registrar, Hosur, Krishnagiri District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to register the sale deed dated 03.10.2020 pertaining to the property situated at S.No.342/3 New Sub-division S.No.342/3A, Berigai Village, Hosur Taluk, Krishnagiri District to an extent of 882sq.ft which is presented for registration before the 2nd respondent.

For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.T.M.Pappiah Special Government Pleader

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the second respondent to register the sale deed dated 03.10.2020, pertaining to the subject property within the time limit fixed by this Court.

2.The case of the petitioner is that he became the absolute owner of the subject property by virtue of a registered sale deed dated 05.02.2016. The petitioner wanted to sell the subject property and hence, a sale deed was executed on 03.10.2020, and it was presented for registration before the second respondent. The grievance of the petitioner is that the second respondent did not register the document and it is kept pending without assigning any reason. Hence, the present writ petition has been filed seeking for appropriate direction.

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3.Heard Mr.R.Jayaprakash, learned counsel for the petitioner and Mr.T.M.Pappaiah, learned Special Government Pleader appearing on behalf of the respondents.

4.Taking into consideration the facts and circumstances of the case and limited relief sought for in this writ petition, there shall be a direction to the second respondent to immediately take a decision with regard to the registration of the sale deed and either register the sale deed, if it is otherwise in order or pass appropriate orders under Section 71 of the Registration Act, within a period of two weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the second respondent along with a copy of this order.

5.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar //True Copy// rk Sub Assistant Registrar To

1. The District Registrar, Krishnagiri District, Krishnagiri.

2. The Sub-Registrar, Hosur, Krishnagiri District.

+1cc to Mr.R.Jayaprakash, Advocate, S.R.No.40136 +1cc to the Government Pleader, S.R.No.40389 W.P.No.17558 of 2020 sr(CO) rv(20/01/2021) https://hcservices.ecourts.gov.in/hcservices/