C.Mani v. The District Registar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2021 CORAM : JUSTICE N.SESHASAYEE W.P.Nos.19329 & 19351 of 2020 and WMP.No.23922 of 2020 1.C.Mani ... 1st Petitioner in WP.No.19329/2020 2.Sumathi ... 2nd Petitioner in WP.No.19329/2020 3.G.Sivasubramanian ... Sole Petitioner in WP.No.19351/2020 Vs.
1.The District Registrar Tiruppur District Tiruppur.
2.The Sub Registrar Palladam Tiruppur District.
3.The Inspector of Police Vigilance and Anti Corruption Tiruppur District.
... Respondents in both WPs Common Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the order made in Refusal Check Slips No.RFL/Palladam/31/2020 & No.RFL/Palladam/32/2020 dated 09.12.2020 passed by the second respondent, quash the same and consequently direct the respondents 1 and 2 to register the sale deeds dated 27.10.2020 and 08.12.2020 respectively, presented by the petitioners / petitioner for compulsory registration in accordance with the provisions of the Indian Registration Act, 1908. For Petitioners : Mr.A.Saravanan For Respondents : Mr.B.Kannan Government Advocate [R1 & R2] Mr.E. Balamurugan Special Government Pleader [R3] COMMON ORDER These writ petitions are filed seeking to quash the Check Slips No.RFL/Palladam/31/2020 and RFL/Palladam/32/2020, both dated 09.12.2020, passed by the second respondent and to direct the respondents 1 and 2 to register the sale deeds executed in favour of the petitioners on 27.10.2020 and 08.12.2020.
2. Heard the learned counsel for the petitioners, Mr.B.Kannan, learned Government Advocate for respondents 1 and 2 and Mr.E.Balamurugan, learned Special Government Pleader for the third respondent.
3. Counters in these cases have been filed, but the issue is that the Sub Registrar concerned has come under the vigil of the Vigilance Department, and an action is being contemplated against him.
4. When these matters came up before this Court on an earlier occasion, it was made clear to the learned Government appearing for the respondents that it is not so much about whether the official conduct / performance of the concerned Sub Registrar has come up for conduct of the Vigilance Deparment, but it is all about whether these particular sale deeds executed in favour of the petitioners has come under the shadow of criminality.
5. The learned Government Advocate appearing for the respondents 1 and 2 has submitted that there was a deficit stamp duty, for which, necessary proceedings were initiated and to the extent he has instructions, the deficit stamp duty has already been paid. This Court is at a loss to understand why the Sub Registrar / second respondent is still holding on to the above sale deeds without releasing them.
6. When the matter came up again before this Court on 22.02.2021, this Court required the Government Advocate to obtain necessary instructions on the same. Today, the learned Government Advocate makes a statement that the prayer of the petitioners has been complied with. The learned counsel for the petitioners also concurred with the same.
7.In these circumstances, nothing remains to be adjudicated in these matters, and accordingly, these writ petitions are closed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ds
To:
1.The District Registrar Tiruppur District Tiruppur.
2.The Sub Registrar Palladam Tiruppur District.
3.The Inspector of Police Vigilance and Anti Corruption Tiruppur District.
+cc to Government Pleader Sr.No.14563,14222 W.P.Nos.19329 & 19351 of 2020 PMK(CO) R.K. (14.07.2021)