Madras High CourtWP/40419/2025disposed of

Selvaraj v. The Sub Registrar

2025-12-02Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Selvaraj .. Petitioner vs 1.The Sub Registrar, Attur Sub Registrar Office, Attur Taluk, Salem District.

2.Ravi .. Respondents Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records pertaining to the impugned order dated 29.03.2025 vide pending Doc.No.6 of 2025 passed by the first respondent and to quash the same as illegal, incompetent and ultravires and consequently direct the first respondent to register and release the petitioner's pending sale deed No.6 of 2025 dated 03.03.2025 to the petitioner.

For Petitioner :

Mr.A.Logesh for Mr.M.S.V.Gunasekar For Respondents :

Mr.U.Baranidharan, Special Government Pleader for R1 R2 - Tapal returned with an endorsement 'No such person'

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ORDER

An order dated 29.03.2025 of the first respondent is challenged in this writ petition.

2. Learned Special Government Pleader submits that a speaking order was issued after hearing the petitioner and the private respondent. He also points out that the petitioner has an alternative remedy by way of appeal under Section 72 of the Registration Act, 1908.

3. On perusal of the impugned order, it is evident that the statement of the petitioner herein was referred to and all the documents submitted by the parties concerned were examined. Hence, there was no violation of principles of natural justice.

4. As submitted by learned Special Government Pleader, a statutory remedy is available to the petitioner. In these circumstances, I am not inclined to exercise discretionary jurisdiction. Therefore, the writ petition is disposed of by leaving it open to the petitioner to file an appeal under Section 72 of the Registration Act, 1908 before the District Registrar, Salem East. If such appeal were to be presented within thirty days from the date of receipt of a copy of this order, the District Registrar, Salem East is 2/4

directed to receive the appeal and dispose of the same on merits without going into the question of limitation. It is needless to say that such appeal should be decided after providing a reasonable opportunity to the petitioner and the private respondent herein. Such appeal shall be disposed of within three months from the date of receipt thereof. There shall be no order as to costs. 02.12.2025 Index:Yes/No mmi To 1.The Sub Registrar, Attur Sub Registrar Office, Attur Taluk, Salem District.

2.The District Registrar, Salem East.

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SENTHILKUMAR RAMAMOORTHY,J.

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