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Madras High CourtWP/24686/2023allowed

R.Cholan v. The Sub Registrar

2024-04-24Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2024

CORAM

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

Versus

1.The Sub Registrar, Vriddhachalam Sub Registrar Office Cuddalore District 2.N.Mayavan .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the Refusal Check Slip in Refusal Number in RFL/1 SubRegistrar Vriddhachalam/33/20223 (TP/153729682/2023) dated 31.07.2023 and quash the same as illegal and incompetent and consequently direct the respondent to register the sale deed dated 31.07.2023. For Petitioner : Mr.R.Nalliyappan For Respondent : Mr.L.S.M.Hasan Fizal for R1 Additional Government Pleader Mr.D.Lakshmipathy for R2

ORDER

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

2. This writ petition is filed to quash the Refusal Check Slip in Refusal 1/4

Number:RFL/1 Sub-Registrar Vriddhachalam/33/20223 (TP/153729682/2023) dated 31.07.2023 and consequently direct the first respondent to register the sale deed dated 31.07.2023 presented by the petitioner.

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

4. The ground on which the refusal checkslip is issued mainly on the ground that 2nd respondent has given protest petition. Affidavit has been filed by the second respondent before this Court to the effect that he has no objection for registering the document, he has given the protest petition due to similarity in the name. Now, he has no objection in registering the document.

5. That apart, any protest petition is issued by individuals, the same cannot be a ground to refuse the registeration. Such view of the matter, the refusal check slip issued by the first respondent dated 31.07.2023 is set aside. The first respondent is directed to register the sale deed dated 31.07.2023 within a period of one months from the date of receipt of a copy of this Order.

6. With the above directions, this Writ Petition stands allowed. No costs. 2/4

24.04.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No To, The Sub Registrar, Vriddhachalam Sub Registrar Office Cuddalore District 3/4

N. SATHISH KUMAR , J.

dhk W.P.No.24686 of 2023 24.04.2024 4/4