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Madras High CourtWP/24497/2023allowed

Selvi v. The District Registrar

2023-09-15Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM 1.Selvi ... Petitioner in WP.No.24497 of 2023 2.Geethalakshmi ... Petitioner in WP.No.24552 of 2023 Vs.

1.The District Registrar, Dharmapuri District, Dharmapuri.

2.The Sub Registrar, Harur Sub Registrar, Harur, Dharmapuri.

... Respondents in 2 WPs Prayer in W.P.No.24497 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent herein pertaining to his proceeding in receipt No.167/2023 dated 06.01.2023 and quash the same, consequentially direct the 2nd respondent return Document No.P/Harur/1/2023 dated 07.11.2022 after registration, to the petitioner.

Prayer in W.P.No.24552 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent herein pertaining to his proceeding in receipt No.514/2023 dated 23.01.2023 and quash the same consequentially direct the 2nd respondent return Document No.P/Harur/3/2023 dated 28.11.2022 after registration, to the petitioner. For Petitioners : Mr.M.Selvam (in 2 WPs) For Respondents : Mr.G.Krishna Raja Additional Government Pleader (in 2 WPs) COMMON ORDER The receipts issued to the writ petitioners on presentation of document for registration are under challenge in the present writ petition.

2. It is not in dispute that the documents presented by the petitioners were registered, pursuant to the orders passed by this Court in W.P.No.30587 of 2022 dated 02.12.2022. Though the documents were registered pursuant to the directions issued by this Court it is yet to be released by the Registering Authority.

3. The petitioners made a representation to release the document. However, the Sub Registrar refused to do so by stating that they have initiated steps to prefer an appeal. However, no such details are produced by the learned Additional Government Pleader appearing on behalf of the respondents.

4. The learned Additional Government Pleader brought to the notice of this Court that the authorities are ready to release the documents in the event of an approach by the petitioner.

5. In view of the facts and circumstances, the petitioners are at liberty to approach the Sub Registrar and on such approach, the Sub Registrar is directed to release the document by following the procedures as contemplated.

6. Accordingly, these Writ Petitions stand allowed. No costs. 15.09.2023 (2/2) Jeni Index : Yes Speaking order To 1.The District Registrar, Dharmapuri District, Dharmapuri.

2.The Sub Registrar, Harur Sub Registrar, Harur, Dharmapuri.

S.M.SUBRAMANIAM, J.

Jeni 15.09.2023 (2/2)