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Madras High CourtWP/33336/2022disposed of

S.Suresh Varma v. The Sub Registrar

2023-07-04Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Mr.S.Suresh Varma ... Petitioner Vs.

The Sub Registrar, Periampet, Chennai - 600 011.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the entire records of the impugned order of refusal of registration in RFL/Periampet/182/2022 dated 18.11.2022 refusing to register the Release Deed dated 18.11.2022 passed by the respondent and quash the same consequently direct the respondent to register the Release Deed dated 18.11.2022 presented by the petitioners.

For Petitioner : Mr.C.Krishna Karthi For Respondent : Mr.S.Silambannan, Additional Advocate General

O R D E R

The impugned order of refusal of registration made in Proceedings dated 18.11.2022 is under challenge in the present writ petition.

2. The petitioner states that he presented a release deed for registration before the respondent. The registering authority returned the document raising five objections through the impugned order. The objections raised is that there is an error in the name of the father of the writ petitioner. In the document, the name of the father of the writ petitioner is stated as 'P.T.Saminesan'. However, in the property tax receipt, the name has been erroneously as 'P.T.Swaminathan'. In view of the error occurred in the property tax receipt, the registering authority has refused to register the registry presented by the writ petitioner.

3. The learned counsel for the petitioner has brought to the notice of this court that the petitioner has effected name change by correcting the mistake in the property tax documents. If that is the case, the petitioner is at liberty to present all those corrected documents to establish that there is no discrepancy and in the event of producing all such documents, the

registering authority shall register the documents, as contemplated under the Registration Act and the Rules stated therein.

4. With these directions, the writ petition stands disposed of. No costs.

04.07.2023 skr Index : Yes To The Sub Registrar, Periampet, Chennai - 600 011.

S.M.SUBRAMANIAM, J.

skr 04.07.2023