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Madras High CourtWP/21086/2024allowed

R.Kandhaswamy v. The Inspector General Of Registration

2024-07-26Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR R.Kandhaswamy .. Petitioner

Versus

1.The Inspector General of Registration No.100, Santhome High Road Chennai - 600 028 2.The Deputy Inspector General of Registration Integrated Complex of Registration Department St.Marks Street, Near Sankar Colony Behind John Higher Secondary School, Thirunelveli - 627 002 3.The District Registrar Palayankottai Registrar Office Collectorate Campus Kokkirakulam, Tirunelveli 4.The Sub Registrar, Kovilpatti Sub Registrar Office Old No.99, New No.1089, Sathur Main Road Kovilpatti, Tuticorin District - 628 502 .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to register the sale deed dated 20.02.2024 presented for registration on 20.02.2024 and release the sale deed after completion of registration. For Petitioner : Mr.K.Mukund Rao for M/s.Eswar, Kumar and Rao 1/4

For Respondent : Mr.B.Vijay Additional Government Pleader

ORDER

By consent of both parties, this writ petition is taken up for final disposal

2. This writ petition is filed for a direction, directing the respondents to register the sale deed dated 20.02.2024 presented for registration on 20.02.2024 and release the sale deed after completion of registration.

3. Heard both sides and perused the materials placed on record.

4. It is the case of the writ petitioner that he presented a sale deed dated 20.02.2024 executed in favour of Nagamuthu, the same was retained and not registered. On enquiry, the fourth respondent submitted that one Sekar has given a protest petition. Hence, this writ petition.

5. At the outset, this Court is of the view that if any protest petition is issued by individuals, the same cannot be a ground to refuse the registration. This Court has elaborately discussed this issue in the case of Subramani vs. The Sub Registrar and another made in W.P.No.11056 of 2024 by order dated 26.04.2024.

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6.Accordingly, there shall be a direction to the fourth respondent to register the sale deed dated 20.02.2024 within a period of 15 days from the date of receipt of a copy of this Order.

7. With the above direction, this Writ Petition stand allowed. No costs. 26.07.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No Note: Issue Order Copy on 30.07.2024 To, 1.The Inspector General of Registration No.100, Santhome High Road Chennai - 600 028 2.The Deputy Inspector General of Registration Integrated Complex of Registration Department St.Marks Street, Near Sankar Colony Behind John Higher Secondary School, Thirunelveli - 627 002 3.The District Registrar Palayankottai Registrar Office Collectorate Campus Kokkirakulam, Tirunelveli N. SATHISH KUMAR , J.

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4.The Sub Registrar, Kovilpatti Sub Registrar Office Old No.99, New No.1089, Sathur Main Road Kovilpatti, Tuticorin District - 628 502 26.07.2024 4/4