G.Sivaraman v. The Sub Registrar

In the High Court of Judicature at Madras Dated : 02.12.2019 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.33668 of 2019 G.Sivaraman

...Petitioner

Vs The Sub-Registrar, Valavanur, Villupuram District.

...Respondent

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of the respondent in respect of (Thanikai Kuripurai) in TP/75718274/2019 dated Nil, quash the same and thereby direct the respondent to receive and register the sale deed dated 06.9.2019 executed in favour of the petitioner in respect of the property situated at Valavanur Village, Villupuram Taluk in S.No.290/3 out of 0.76.5 ares, 0.19.0 ares undivided half share therein and on registration of the same, direct the respondent to release the same forthwith to the petitioner.

For Petitioner :

Mr.N.Suresh For Respondent :

Mr.M.Pappiah, Special Government Pleader

ORDER

Mr.M.Pappiah, learned Special Government Pleader accepts notice for the respondent. Heard both.

2. The petitioner questions the remarks given by the respondent while refusing to register a sale deed executed by the legal heirs of one Mr.Palani in favour of the petitioner.

3. The petitioner is the purchaser of the subject property and presented the sale deed for registration.

4. The learned Special Government Pleader, who has accepted notice for the respondent, submits that objections were received by the respondent from the other legal heirs of Govindha Utaiyar, who is the grandfather of the vendors and that the 1/2 https://hcservices.ecourts.gov.in/hcservices/

respondent will issue notice to all the legal heirs, conduct an enquiry and pass appropriate orders.

5. In the light of the above submission, the prayer sought for in this writ petition cannot be granted at this juncture because the enquiry is yet to be conducted by the respondent. However, for the present, the reasons assigned by the respondent for returning the document and refusing registration is correct.

6. Accordingly, while dismissing the writ petition, the respondent is directed to consider the objections, conduct an enquiry under the Registration Act and the Rules framed thereunder and pass appropriate orders after issuing notice to all the parties concerned. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To The Sub-Registrar, Valavanur, Villupuram District.

+1 cc to M/s.N.Suresh, Advocate Sr.No. 100271 +1 cc to The Government Pleader Sr.No. 101171 AKM/07.01.2020/2P-4C / WP.No.33668 of 2019 2/2 https://hcservices.ecourts.gov.in/hcservices/