← Library
Madras High CourtWP/20461/2020disposed of

Sankar v. The Sub Registrar

2021-01-05Honourable Mr Justice N. Seshasayee2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2021 CORAM: JUSTICE N.SESHASAYEE WP.No.20461 of 2020 Sankar

...Petitioner

-VsThe Sub Registrar, The Sub Registrar's Office, Mylam, Tindivanam Taluk, Villupuram District.

...Respondent

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to release the Sale Deed dated 29.10.2020 executed in favour of the petitioner and registered as Document No.P/Mylam/35/2020 on the file of the respondent herein and return the same to the petitioner within a stipulated time period fixed by this Hon'ble Court.

For Petitioner : Mr.J.Antony Jesus For Respondent : Mr.T.M.Pappiah, Special Government Pleader

ORDER

The petitioner seeks a direction to the respondent/Sub Registrar, Mylam, Tindivanam Taluk, Villupuram District to release the sale deed dated 21.10.2020 after its registration. 2.The said registration is denied/delayed by the respondent on the ground that the property was outstanding on a mortgage. 3.Heard both sides.

4.Mr.T.M.Pappiah, learned Special Government Pleader takes notice for the respondent and made a fair statement that mere fact that the property purchased by the petitioner is outstanding on a mortgage cannot take away the title transferred under the sale deed and it cannot be a ground to deny registration.

https://hcservices.ecourts.gov.in/hcservices/

5.This Court therefore directs the Sub Registrar, Mylam, Tindivanam Taluk, Villupuram District to register the document on or before 01.02.2021 and if in the process, if he requires any further information or material from the petitioner, he may so require the petitioner to provide the same. 6.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Tsg To The Sub Registrar, The Sub Registrar's Office, Mylam, Tindivanam Taluk, Villupuram District.

Order made in W.P.No.20461 of 2020 CNR(CO) KKV/08/01/2021 https://hcservices.ecourts.gov.in/hcservices/