Madras High CourtWP/30694/2023disposed of

K.R.Santhosh v. The Sub Registrar

2023-10-20Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN and W.M.P. No.30352 of 2023 K.R.Santhosh ... Petitioner Vs.

1. The Sub-Registrar Sub-Registrar Office Rasipuram Namakkal District

2. Kavitha

3. Thivisha ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue writ of Certiorarified Mandamus to call for the records in connection with the impugned order of the 1st respondent, by his proceedings in the refusal check slip No.RFL/Rasipuram/240/2023 dated 13.10.2023 and quash the same and direct the 1st respondent to register the sale deed dated 13.10.2023 in favour of the petitioner, executed by the 2nd and 3rd respondents.

For Petitioner : Mr.K.K.Senthilvelan, Senior Counsel for M/s.Gnanadesikan Law Associates For Respondents : Mr.Yogesh Kannadasan Special Government Pleader for R1 1/4

ORDER

This Writ Petition is filed for a writ of Certiorarified Mandamus to call for the records in connection with the impugned order of the 1st respondent, by his proceedings in the refusal check slip No.RFL/Rasipuram/240/2023 dated 13.10.2023 and quash the same and direct the 1st respondent to register the sale deed dated 13.10.2023 in favour of the petitioner, executed by the 2nd and 3rd respondents.

2 .Mr.Yogesh Kannadasan, learned Special Government Pleader takes notice for the 1st respondent.

3. The petitioner himself admitted that he has not produced the original parental document, namely the partition deed and he has also not satisfied with the attitude of the Registrar about non-production of the original partition deed by the petitioner and therefore, the Registrar has refused to register the sale deed. This Court finds no perversity in the refusal.

4. The petitioner is directed to comply with the procedures as contemplated under Section 55-A of the Registration Rules, by producing the 2/4

original prior title deed and in case, he is not able to produce the same, the petitioner shall comply with the proviso clauses excepting first proviso, under Section 55-A (1) of the Registration Rules. When the petitioner complies with the same, the Registrar is directed to register the sale deed in accordance with law.

5. With the above directions, this Writ Petition is disposed of at the admission stage itself. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.

20.10.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No To The Sub-Registrar Sub-Registrar Office Rasipuram Namakkal District 3/4

P.VELMURUGAN. J.

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