S.Balaji v. The Sub Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.27862 of 2024 S.Balaji
...Petitioner
Vs.
The Sub Registrar Magudanchavadi Sub-Registrar Office Pachiamman Nagar, Kuppandapalayam Magudanchavadi Sankagiri Taluk Salem District 637 103.
...Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, Writ of Certiorarified Mandamus, calling for the records of the respondent pertaining to the Refusal Check Slip in Refusal No.RFL/Magunchavadi/271/2024 dated 11.09.2024 quash the same and consequently direct the respondent to admit and register the sale deed dated 11.09.2024 executed by the petitioner in favour of Srinivasan with respect to the property comprised in Survey No.10/23 situated at Perumagondampatti 1/5
Village, Salem Taluk, Salem District, to an extent of Punja 0.36 acres (36 cents).
For Petitioner : Mr.S.Sarathkumar For Respondent : Mr.M.Shahjahan Special Government Pleader
O R D E R
Aggrieved by the impugned Refusal Check Slip issued by the respondent refusing to register the sale deed presented for registration stating that the subject matter was unapproved plots, the petitioner has come by way of this Writ Petition.
2. In the affidavit filed in support of this Writ Petition, it is asserted by the petitioner that the subject matter of the sale is Punjai agricultural land and the registration of the sale deed was erroneously refused by the respondent on the ground it was "unapproved house sites".
3. Mr.M.Shajahan, learned Special Government Pleader appearing 2/5
for the respondent by inviting attention of this Court to the description found in the sale deed presented for registration stated that in the sale deed, the property was described as a land and it was not described as agricultural land. Taking into consideration the said description in the document, the sale deed was rejected by treating the same as house sites.
4. The learned counsel for the petitioner on instructions submitted that the petitioner is ready to describe the subject property of sale deed as agricultural land and represent the corrected document before the respondents. The said statement is recorded.
5. In view of the submission made by the leaned counsel for the petitioner, this court directs the petitioner to represent the document before the respondent by describing the subject matter as an agricultural land. If the corrected sale deed is represented before the respondent, the same shall be considered by the respondent for registration within a period of two weeks thereafter, if it is otherwise in order.
6. With the above directions, this Writ Petition is disposed of. No 3/5
costs.
24.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna To The Sub Registrar Magudanchavadi Sub-Registrar Office Pachiamman Nagar, Kuppandapalayam Magudanchavadi Sankagiri Taluk Salem District 637 103.
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S.SOUNTHAR , J.
dna W.P No.27862 of 2024 24.09.2024 5/5