Mani v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Mani ... Petitioner versus

1. The Inspector General of Registration, Mylapore, Chennai 600 004.

2. The District Registrar, Office of the District Registrar, Kancheepuram Main Road, Kancheepuram.

3. The Sub Registrar, Office of the Sub Registrar, Achirapakkam, Chengalpet District

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the Sub-Registrar, Achirupakkam, Chengelput District /3rd respondent herein to entertain the sale deed presented on 21.09.2023 by the petitioner for which the temporary registration No.TP/16027103/2023 was assigned by the 3rd respondent register the sale deed of the petitioner and return the same after complying Pg.Nos.1/5

with all the formalities as required under the Registration Act, 1908. For Petitioner :

Mr.K.Balakrishnan For Respondents :

Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

This writ petition has been filed for a direction to the 3rd respondent viz., the Sub-Registrar, Achirupakkam, Chengelput District, to register the sale deed presented presented by the petitioner on 21.09.2023 2.

The case of the petitioner is that originally the Punjai Land in Survey No.231/2C, 0.33 Cents and survey No.231/3 New Survey No.231/3A, out of 0.21 cent 10 1⁄2 cents in Survey Nos. 231/2C 0.23 1⁄2 situated at Vinnampoondi Village, Achirapakkam Taluk, Chengalpet District belongs to one Mr.V.M.Balakrishna Gounder. He sold the said property to one Mr.Balarama Gounder, who died intestate on 04.05.2018 leaving behind his legal heirs one Mangai, Satiya and Salsa. The petitioner had purchased the above said property for a sum of Rs.3,45,500/- from the legal heirs of Mr.Balarama Gounder, for which the petitioner had also paid Pg.Nos.2/5

a sum of Rs.19,700/- towards stamp duty and a sum of Rs.6,920/- towards Registration Fees. The grievance of the petitioner is that the respondents have orally refused to register the sale deed dated 21.09.2023 on the ground that the petitioner had not annexed joint patta in the name of three vendors. Left with no other option, the present writ petition has been filed before this Court seeking for appropriate directions.

3.

The learned counsel for the petitioner submitted that even after payment of registration fees and stamp duty, the sale deed presented by the petitioner was not registered and therefore, prays for appropriate orders. 4.

Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of respondents.

5.

Taking into consideration the facts and circumstances of the case, there shall be a direction to the 3rd respondent to register the sale deed presented by the petitioner, if it is otherwise in order and the same may be considered or otherwise, pass suitable order in writing, on its own merits, in Pg.Nos.3/5

accordance with law within a period of four weeks from the date of receipt of a copy of this order.

6.

With the above directions, this writ petition is disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

03.11.2023 Speaking/Non-speaking order Index:Yes/No rka To

1. The Inspector General of Registration, Mylapore, Chennai 600 004.

2. The District Registrar, Office of the District Registrar, Kancheepuram Main Road, Kancheepuram.

3. The Sub Registrar, Office of the Sub Registrar, Achirapakkam, Chengalpet District Pg.Nos.4/5

P.VELMURUGAN, J.

rka 03.11.2023 Pg.Nos.5/5