S.Sathish Kumar v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.27653 of 2024 S.Sathish Kumar

...Petitioner

Vs.

The Sub Registrar, O/o. Sub Registrar, Hosur, Krishnagiri District.

...Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to register and release the sale deed dated 09.03.2023 having pending Doc.No.P/hosur/44/2023 on the file of this respondent within a time period to be stipulated by this Court.

For Petitioner : M/s.U.Ramya for R.Bharath Kumar For Respondent : Mr.M.Shahjahan Special Government Pleader 1/4

O R D E R

The petitioner herein seeks a direction to the respondent to register the sale deed dated 09.03.2023 pending on his file, as Doc.No.P/hosur/44/2023, within a time period to be stipulated by this Court.

2. By consent of both the learned counsel appearing for the petitioner as well as respondent, this writ petition is disposed of at the admission stage itself.

3. It is the case of the petitioner that one Kakkammal and 14 others executed a sale deed in favour of the petitioner on 09.03.2023 and the same was presented for registration before the respondent on 03.11.2024. The said document has been kept pending for the past one year. Therefore, the petitioner has come up before this Court by way of this writ petition for the above stated relief.

4. It is seen from the acknowledgment issued to the petitioner that the 2/4

document was kept as pending document for zero valuation.

5. The learned Additional Government Pleader, on instructions, submitted that one of the executors viz., Kakkammal wanted to get return of the document and therefore, the respondent is not inclined to register the same.

6. If one of the executors has not come forward to register the document, it is open to the petitioner to make a request to the Registering authority seeking compulsorily registration. However, in this case, the respondent has been keeping the document pending for more than one year. The respondent is not entitled to keep the document pending without taking any decision as to registration or refusal. Therefore, the respondent is directed to take a final decision regarding registration and communicate the same to the parties concerned, within a period of two weeks from the date of receipt of a copy of this order.

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

23.09.2024 Index : Yes/No Internet : Yes/No 3/4

Speaking Order/Non-Speaking Order av S. SOUNTHAR, J.

av To The Sub Registrar, O/o. Sub Registrar, Hosur, Krishnagiri District.

W.P No.27653 of 2024 23.09.2024 4/4