← Library
Madras High CourtWP/30473/2019disposed of

K.Samiappa Gounder v. The Sub Registrar

2024-03-11Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 11.03.2024 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.30473 of 2019 and W.M.P.No.30502 of 2019 -- K.Samiappa Gounder .. Petitioner Vs.

The Sub-Registrar, Registration Department, Chennimalai, Erode Disrict.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the entire records relating to the impugned order passed by the respondent in his proceedings No.RFL/Chennimalai/37/2019, dated 26.07.2019 and quash the same and consequently direct the respondent to register the document gift settlement deed, dated 26.07.2019.

For petitioner : Mr.C.Prakasam For respondent: Mr.Yogesh Kannadasan, Spl.G.P. 1 / 4

ORDER

The petitioner has filed the above Writ Petition praying for issuance of a Writ of Certiorarified Mandamus to call for the entire records relating to the impugned order passed by the respondent in his proceedings No.RFL/Chennimalai/37/2019, dated 26.07.2019 and quash the same and consequently direct the respondent to register the document gift settlement deed, dated 26.07.2019.

2. Learned counsel for the petitioner submitted that already, the very same survey number in respect of the property was registered and the other portion of the same survey number relates to the present registration and when the document was produced for registration along with the other document, the same was returned on the ground that the description of the document is not clear.

3. Since the refusal check slip is not the final order and it says that only as per Section 21 of the Registration Act, the property is not clear in description. 2 / 4

4. Therefore, the respondent is directed to issue notice to the petitioner, conduct enquiry and pass final order in the manner known to law.

5. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, W.M.P. is closed. 11.03.2024 cs To The Sub-Registrar, Registration Department, Chennimalai, Erode Disrict.

3 / 4

P.VELMURUGAN, J cs W.P.No.30473 of 2019 11.03.2024 4 / 4