V.Lokesh v. The District Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2023

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN W.P.No.29169 of 2023 and W.M.P.No.28778 of 2023 V.Lokesh ... Petitioner Vs.

1. The District Registrar, Krishnagiri Registration District, Krishnagiri District.

2. The Sub Registrar, Soolagiri, Krishnagiri District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of refusal check slip dated 07.09.2023 in Refusal No.RFL/Soolagiri/100/2023 passed by the second respondent and to quash the same as illegal and consequently, direct the second respondent to register the document.

For Petitioner : M/s.S.Sofia Madhavi

For Respondents : Mr.Yogesh Kannadasan Special Government Pleader * * * * *

O R D E R

This Writ Petition has been filed to issue a Writ of Certiorarified Mandamus, to call for the records of refusal check slip dated 07.09.2023 in Refusal No.RFL/Soolagiri/100/2023 passed by the second respondent and to quash the same and to direct the second respondent to register the document.

2. It is the contention of the petitioner that the property measuring an extent of 10.33 cents in S.No.104/2 situated at Pukasaram Post, Soolagiri Taluk, Krishnagiri District was originally belonged to one Chinnapodiyappa who is his grandfather. After the demise of his grandfather, the property was registered in favour of the petitioner vide Document No.16 of 2009. Subsequently, the petitioner filed an application before the second respondent on 07.09.2023 to register the sale deed in favour of one V.Nagaraja for a valuable consideration and

the same was refused by the second respondent on the ground that as per the revenue records, 7.31 cents of land is available in S.No.104/2A2A1A, whereas in the document submitted by the petitioner for registration, it is mentioned as 10.33 cents land.

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

4. On a perusal of the records, it is seen that admittedly in the Survey No.104/2A2A1A, only an extent of 7.31 cents of land is available. The petitioner ought to have taken steps to measure the property and filed a report, along with relevant documents, for registration before the respondents. Without doing the same, the petitioner has filed the present Writ Petition.

5. Hence, the Writ Petition is dismissed at the admission stage

itself. There shall be no order as to costs. However, the petitioner is at liberty to work out his remedy in the manner known to law. Consequently, connected miscellaneous petition is closed. 09.10.2023 mfa Index:Yes/No Speaking Order: Yes/No To

1. The District Registrar, Krishnagiri Registration District, Krishnagiri District.

2. The Sub Registrar, Soolagiri, Krishnagiri District.

P.VELMURUGAN, J.

mfa W.P.No.29169 of 2023 and W.M.P.No.28778 of 2023 09.10.2023