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Madras High CourtWP/26851/2023disposed of

M/S.Jlr Farms Private Ltd v. The Inspector General Of Registration

2024-07-02Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.26851 of 2023 M/s.JLR Farms Private Limited, Rep. by its Authorised Representative Mr.A.Prakash .. Petitioner

Versus

1. The Inspector General of Registration, Santhome High Road, Chennai.

2. The District Registrar, O/o.the District Registrar, Neruperchial, Tiruppur, Tiruppur District.

3. The Joint Sub Registrar, Avinashi, Tiruppur District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent to release the registered sale deed dated 20.11.2018 bearing document number 15174/2018 to the petitioner within time bound manner by considering his representation dated 05.03.2023.

For Petitioner : Mr.K.Myilsamy For Respondents : Mr.B.Vijay Special Government Pleader 1/5

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition has been filed to direct the third respondent to release the registered sale deed dated 20.11.2018 bearing document number 15174/2018 to the petitioner within time bound manner by considering his representation dated 05.03.2023.

3. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

4. The case of the petitioner is that the petitioner company had purchased the subject property for valid sale consideration on 02.11.2018 and the petitioner is in possession and enjoyment of the property. The grievance of the petitioner is that though the sale deed has been registered, the same has not been released to the petitioner after registration. Hence, the present Writ Petition has been filed.

5. The learned Additional Government Pleader on instructions would 2/5

submit that the document has been kept pending on the basis of the complaint given by the vendor that the sale consideration has not been paid.

6. At the outset, this Court is of the view that when the stamp duty has been paid and the document has also been registered in Document No.15174 of 2018, the registering authorities cannot refuse to release the document merely on the basis of allegation of non payment of sale consideration. In such view of the matter, the third respondent is directed to release the sale deed dated 20.11.2018 bearing document No.15174 of 2018 to the petitioner within a period of one week from the date of receipt of a copy of this Order.

7. With the above direction, this Writ Petition is disposed of. No costs.

02.07.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No 3/5

To,

1. The Inspector General of Registration, Santhome High Road, Chennai.

2. The District Registrar, O/o.the District Registrar, Neruperchial, Tiruppur, Tiruppur District.

3. The Joint Sub Registrar, Avinashi, Tiruppur District.

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N. SATHISH KUMAR , J.

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