P.Devaki v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.10.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI P. Devaki ... Petitioner Vs.

1. The District Registrar, Arakonam Registration District ( Presently Ranipet Registration district) Ranipet District.

2. The Sub-Registrar, Arcot Sub-Registration District, Ranipet District.

... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records in appeal No.2 of 2017 - Letter No.989/Aa1/2017 dated 15.05.2017 on the file of the first Respondent herein and quash the same and consequently direct the first respondents to register the pending Document No.21 of 2017.

For Petitioner : Mr. B. Manoharan For Respondents : Mr.E. Vijay Anand Additional Government Pleader

O R D E R

By consent of both the parties, the writ petition is taken up for final

disposal at the time of admission stage itself.

2. This Writ Petition has been filed for the issuance of Writ of Certiorarified Mandamus, calling for the records in appeal No.2 of 2017 - Letter No.989/Aa1/2017 dated 15.05.2017 on the file of the first Respondent herein and quash the same and consequently direct the first respondents to register the pending Document No.21 of 2017.

3. The case of the petitioner is that the petitioner intended to purchase the property measuring to an extent of 1327 Sq.Ft in Plot No.29, Subramani Naicker Nagar comprised in T.S.No.2, New TS No.2/4A, Ward C, Block 32, Arcot Town and presented the sale deed before the second respondent for Registration on 18.03.2016. However, the second respondent refused to register the deed and kept the same as pending document P21 of 2016 on the ground that in the TSLR the subject property was mentioned as temple property. Aggrieved over the same the petitioner has filed a Appeal before the first respondent in Appeal No.2 of 2017 and the same was dismissed. Hence the petitioner has filed this writ petition.

4. The learned counsel for the petitioner submitted that there was a mistake crept in the revenue records whereas the TSLR the petitioner name was mentioned. any enquiry. Hence prays this Court to pass appropriate

orders.

5. Heard both sides and perused the materials available on record.

6. On perusal of the records reveals that the petitioner in the enquiry had stated that on the date of registration she felt that there was some variation in the Survey Number, inspite of the same she has intended to purchase the said property and presented the document for Registration . The said act of the petitioner cannot be entertained. If the petitioner feels that there is some discrepancies in the Survey Number she would have clarified on the date of registration itself.

7.In view of the above said fact, this Court cannot interfere with the impugned order. Accordingly this writ petition stands dismissed. However this Court grants liberty to the petitioner and her vendor to approach the Competent Civil Court to establish the title over over the subject property and if the petitioner succeeds she can present the document for Registration. No order as to costs.

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27.10.2022 Index: Yes/ No

Internet: Yes/No smn M.DHANDAPANI,J.

smn To The District Registrar, Arakonam Registration District ( Presently Ranipet Registration district) Ranipet District.

2. The Sub-Registrar, Arcot Sub-Registration District, Ranipet District.

W.P.No. 28424 of 2022 27.10.2022