Maaniammal v. The District Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.4771 of 2017 Maaniammal ... Petitioner Vs

1. The District Registrar, Office of the District Registrar, Behind District Collectorate, Namakkal.

2. The Sub Registrar, Thuraiyur Road, Erumaipatti Village, Senthamangalam, Namakkal.

3. Selvaraj ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to release the sale deed dated 20.06.2016 executed in favour of the writ petitioner in respect of 1.41 1⁄2 acres in S.No.117/9 of Bodinaickanpatti Village presented in the office of the second respondent for registration, as per the representation dated 02.09.2016 by the petitioner to the second respondent or in the alternative, direct the second respondent to dispose of the petitioner's representation dated 02.09.2016 made to the second respondent and received by the second respondent on 20.09.2016, within the time frame as may be stipulated by this Court in accordance with law after giving an opportunity of hearing to the petitioner.

For Petitioner : Mr.D.Shivakumaran For Respondents : Mr.Yogesh Kannadasan Special Government Pleader (for R1 & R2)) : Mr.R.Karthikeyan (for R3)

ORDER

This writ petition is filed to issue a Writ of Mandamus to direct the second respondent to release the sale deed dated 20.06.2016 executed in favour of the writ petitioner in respect of 1.41 1⁄2 acres comprised in S.No.117/9 of Bodinaickanpatti Village, presented in the office of the second respondent for registration, as per the representation dated 02.09.2016 by the petitioner to the second respondent or in the alternative to direct the second respondent to dispose of the petitioner's representation dated 02.09.2016 made to the second respondent and received by him on 20.09.2016, within the time frame as may be stipulated by this Court, in accordance with law after giving an opportunity of hearing to the petitioner.

2. The learned counsel for the petitioner submitted that the petitioner purchased the property comprised in S.No.117/9, admeasuring an extent of 1.41 1⁄2 acres covered under patta No.21, Bodinaickanpatti Village, Namakkal District by sale deed dated 20.06.2016. The said sale deed was presented for registration before the second respondent. However, it was pending without registration. Therefore, the petitioner made the said representation to register the sale deed and release the same.

3. The learned counsel for the third respondent submitted that, after hearing the objections raised by the third respondent, the second respondent may release the sale deed, which was presented for registration.

4. Considering the said submissions, the second respondent is directed to pass orders in accordance with law either register or reject the sale deed, within a period of the four weeks from the date of receipt of a coy of this order, if not already released.

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

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar kv

To

1. The District Registrar, Office of the District Registrar, Behind District Collectorate, Namakkal.

2. The Sub Registrar, Thuraiyur Road, Erumaipatti Village, Senthamangalam, Namakkal.

+1cc to Mr.D.Shivakumaran, Advocate, S.R.No.3341 +1cc to the Government Pleader, S.R.No.4001 W.P.No.4771 of 2017 RSV(CO) CB(03/02/2022)