C.Suresh v. The District Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.Suresh ... Petitioner in W.P.32312/2022 V.Mohanraj ... Petitioner in W.P.32313/2022 Vs.

1.The District Registrar, Registration Department, Namakkal District.

2.The Sub - Registrar, Paramathi, Namakkal, Namakkal District.

... Respondents in both the W.Ps.

Prayer in W.P.32312 of 2022:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the second respondent in his refusal check slip Refusal Numbers. RFL/ Paramathi/84/2022 dated 21.10.2022 by the second respondent quash the same and direct the second respondent to register the document presented by the petitioner for registration of sale deed pertaining to S.No.106/23 an extent of 5.92 cents situated in Rasampalayam Village, Paramathi Taluk, Namakkal District.

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Prayer in W.P.32313 of 2022:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the second respondent in his refusal check slip Refusal Numbers. RFL/ Paramathi/85/2022 dated 21.10.2022 by the second respondent quash the same and direct the second respondent to register the document presented by the petitioner for registration of sale deed pertaining to S.No.106/22 an extent of 7.465 cents situated in Rasampalayam Village, Paramathi Taluk, Namakkal District.

For Petitioners : Mr.SP.Yuaraj For Respondents : Mr.G.Krishna Raja Additional Government Pleader C O M M O N O R D E R The petitioners have filed these writ petitions seeking issuance of Writ of Certiorarified Mandamus calling for the records of the second respondent in his refusal check slip Refusal Numbers.RFL/Paramathi/ 84/2022 and RFL/Paramathi/85/2022 respectively, dated 21.10.2022 passed by the second respondent and to quash the same and to direct the second respondent to register the documents presented by them. 2/5

2.Since the issue involved in these writ petitions are one and the same, they are heard together and disposed of by way of a common order.

3.The case of the petitioners is that the petitioners purchased the respective subject properties and presented the sale deeds for registration before the second respondent, however, the second respondent refused to register the same on the ground that they are un-approved plots. Hence, these writ petitions. 4.The learned counsel appearing for the petitioners submitted that without going into the merits of the case, it would suffice, if this Court grant liberty to the petitioners to approach the Town and Country Planning Department for getting approval for their plots and to present the documents for registration after getting approval. 5.Considering the limited request made by the learned counsel appearing for the petitioners, this Court, without expressing any opinion on the merits of the case, grant liberty to the petitioners to approach the Town and Country Planning Department for getting 3/5

approval for their plots and if approval is granted for their respective plots, further liberty is granted to the petitioners to present the documents for registration.

6.With the above observations, these writ petitions are dismissed. No costs.

02.12.2022 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The District Registrar, Registration Department, Namakkal District.

2.The Sub - Registrar, Paramathi, Namakkal, Namakkal District.

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M.DHANDAPANI,J.

pri W.P.Nos.32312 and 32313 of 2022 02.12.2022 5/5