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Madras High CourtWP/22127/2021disposed of

P.Naveen Kumar v. The District Registrar

2021-10-20Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2021

CORAM:

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.NO.22127 OF 2021 P.Naveen Kumar ...

Petitioner .Vs.

1. The District Registrar, Office of the District Registrar, Thiruppur District, Thiruppur

2. The Sub-Registrar, Kunnathur, Thiruppur District.

3. R.Naveenprabhu ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to pass final orders for registration of sale deed within a time frame fixed by this Court.

For Petitioner :

Mr.N.Umapathi For RR1 & 2 :

Mr.Yogesh Kannadasan Government Advocate

ORDER

This writ petition has been filed for issuance of Writ of Mandamus, directing the 1st respondent/District Registrar to register the Sale Deed in RFL/Kunnathur/3/2020, dated 18.12.2020 and return the same to the petitioner.

2. The petitioner intends to register a Sale Deed without the production of parent document, the District Registrar,

Office of the District Registrar, Tiruppur District, refused to register the same and directed the petitioner to produce the sale deed, in relation to O.S.No.353 of 2020, dated 10.12.2020 which is pending before the Principal District Court, Tiruppur, as contemplated in the Circular No.25600/C1/2018, dated 07.06.2018, issued by the Inspector General of Registration, Santhome High Road, Mylapore, Chennai - 600 004. Aggrieved by the same, the present writ petition has been filed by the petitioner.

3. The learned counsel appearing for the petitioner submitted that the civil suit in O.S.No.353 of 2020, dated 10.12.2020 which is still pending before the Principal District Court, Tiruppur, hence, he was not in a position to produce the same at the time of registration and as per the Circular issued by the Inspector General of Registration, Santhome High Road, Mylapore, Chennai - 600 004. Despite the same, the second respondent namely Sub Registrar refused to register the document.

4. Considering the above circumstances and the fact that the petitioner has complied with the Circular issued by the Inspector General of Registration, referred to above and also produced the required documents, the second respondent/Sub Registrar herein is hereby directed to consider the petitioner's sale deed and if the petitioner has complied with all the requirements as contemplated in the above said circular dated 07.06.2018, the second respondent/Sub Registrar is directed to register the document within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar gba/msm To 1.

The District Registrar, Office of the District Registrar, Thiruppur District, Thiruppur.

2.

The Sub-Registrar, Kunnathur, Thiruppur District.

+1cc to Mr.N.Umapathi, Advocate, S.R.No.54356 +1cc to the Government Pleader, S.R.No.54243 W.P.NO.22127 OF 2021 GPL(CO) PBS/09/12/2021