C.Subramanian v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM C.Subramanian ... Petitioner Vs.

The Sub Registrar, Registration Department, Chengam - 606 709, Thiruvannamalai District.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, directing the respondent to entertain the petitioner Sale Deed dated 03.02.2023 and register the same and return the documents to the petitioner.

For Petitioner : Mr.C.Prakasam For Respondent : Mr.P.Sanjay Gandhi, Government Advocate

O R D E R

The relief sought for in the present writ petition is to direct the respondent to entertain the representation dated 03.02.20223 submitted by the petitioner and register the same.

2. The petitioner presented a sale deed for registration and the Sub-Registrar had returned the document on the ground that the writ petitioner has not produced individual patta instead he had produced joint patta.

3. The learned Government Advocate appearing on behalf of the respondent raised an objection by stating that the information provided by the writ petitioners are self-contradictory and there are certain variations. Therefore, the Sub-Registrar has returned the documents.

4. It has been stated that the documents presented before the Sub-Registrar must be done properly nby furnishing all requisite titles along with original documents for legal heirs. In the event of any doubt or incorrect particulars, the registering authority is empowered to return the documents to comply with the defects and representing the same for the purpose of continuing with the registration process.

5. In the present case, the registering authority has raised several clarifications, which all are to be complied with and the petitioner has to produce individual patta in respect of the property sought to be dealt with through the sale deed presented for registration.

6. Thus, the petitioner is at liberty to comply with the defects and produce the original documents as sought for by the registering authority and in the event of such production, the registering authority shall proceed with the registration by following the procedures as contemplated.

7. With these observations, the writ petition stands disposed of. No costs.

07.07.2023 skr Index : Yes Speaking order

To The Sub Registrar, Registration Department, Chengam - 606 709, Thiruvannamalai District.

S.M.SUBRAMANIAM, J.

skr 07.07.2023