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Madras High CourtWP/24408/2021disposed of

K.S.Rangasamy v. The Sub Registrar,

2021-11-17Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.24408 OF 2021 K.S.Rangasamy ... Petitioner -VsThe Sub Registrar, O/o. The Sub Registrar, Annur, Coimbatore District.

... Respondent PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandumus, directing the respondent to register the sale Deed presented by the petitioner for registration which is pending as a pending Document No.P/22 of 2021.

For Petitioner :

Mr.T.Gowthaman For Respondent :

Mr.Yogesh Kannadasan Special Government Pleader

ORDER

This Writ Petition has been filed for issuance of Writ of Mandumus, directing the respondent to register the sale Deed presented by the petitioner for registration which is pending as pending Document No.P/22 of 2021.

2. Heard Mr.T.Gowthaman, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondent.

3. The petitioner purchased the property from one Rathinasabapathy, comprised in Survey No.170/1 to an extent of 39 3/5 cents, out of his share, situated at Moperipalayam Village, Sulur Taluk, Coimbatore District and presented the sale deed for registration. However, the respondent refused to https://hcservices.ecourts.gov.in/hcservices/

register the same by referring to the objections raised by the Thakkar of Ullur Vinayagar Kovi & Bhagavathi Amman Kovil, thereby not registered any document with respect to the property comprised in Survey Nos.170 and 171 situated at Moperipalayam Village. In pursuant to the objection letter, the respondent kept the document as pending in document No.22 of 2021.

4. When there is an objections in respect of Ryotwari pattas, the respondent can exercise the power under Section 22 (A) of the Registration Act. If any objections raised under Section 22(A) of the Registration Act, by any of the religious institution, the respondent has to conduct enquiry and pass orders.

5. Accordingly, the respondent is directed to conduct enquiry, after issuance of notice to the objectors as well as the petitioner and after giving them an opportunity of hearing and pass orders to register the sale deed, which was presented for registration, within a period of four weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Lpp To The Sub Registrar, O/o. The Sub Registrar, Annur, Coimbatore District.

+1cc to Mr.T.Gowthaman, Advocate, S.R.No.58906 +1cc to the Government Pleader, S.R.No.59793 W.P.NO.24408 OF 2021 RR(CO) PBS/22/12/2021 https://hcservices.ecourts.gov.in/hcservices/