S.Kucheeladoss v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Kucheeladoss : Petitioner Vs.

1.The District Collector, Collectorate, Vazhudavar Road, Puducherry 605 009 2.The District Registrar, Kamaraj Salai, Sakthi Nagar, Saram, Puducherry 3.The Sub Registrar, Oulgaret, Puducherry : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondents to receive the sale deed from the petitioner and register the document in connection with the petitioners property comprised in Plot No.53, R.S.No.160/5A and situated at Saram Revenue Village Puducherry within a time frame. 1/5

For Petitioner :

Mr.K.Sasindran For Respondents : Mr.V.Vasanthakumar Addl. Government Pleader (Puducherry)

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. The present writ petition is filed praying for a writ of mandamus to direct the respondents to receive the sale deed from the petitioner and register the document in connection with the petitioner's property comprised in Plot No.53, R.S.No.160/5A situated at Saram Revenue Village Puducherry within a time frame.

3. At the outset, it was submitted by the learned Additional Government Pleader that a protest petition has been received from one Suguna. He would submit that if the petitioner presents the sale deed, they would furnish a copy of the protest petition to the petitioner and thereafter, they would register the sale deed, if it is otherwise in order, after issuing notice, conducting enquiry and 2/5

affording a reasonable opportunity of hearing to the petitioner as well as Suguna. If, for any reason, the Sub Registrar is of the view that the registration ought to be refused, he would do so after assigning reasons, which was agreed to by the learned counsel for the petitioner.

4. In view thereof, it is open to the petitioner to present the sale deed before the third respondent. On such presentation, the third respondent shall furnish a copy of the protest petition to the petitioner. On receipt of the copy of the protest petition, it is open to the petitioner to submit their response to the protest petition. On receipt of their response to the protest petition, the third respondent shall register the sale deed, if it is otherwise in order, in accordance with law, after issuing notice, conducting enquiry and affording a reasonable opportunity of hearing to the petitioner, Suguana and all other interested parties including rival claimants. If for any reason, the third respondent refuses to register the sale deed, he shall assign reasons in the refusal slip, which was agreed to by both counsel for petitioner as well as respondents. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the case on its own merits and in accordance with law. 3/5

5. Accordingly, the writ petition stands disposed of. There shall be no order as to costs.

28.07.2025 Speaking (or) Non Speaking Order mrn To 1.The District Collector, Collectorate, Vazhudavar Road, Puducherry 605 009 2.The District Registrar, Kamaraj Salai, Sakthi Nagar, Saram, Puducherry 3.The Sub Registrar, Oulgaret, Puducherry 4/5

MOHAMMED SHAFFIQ, J.

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