V.Selvamani v. The District Registrar
In the High Court of Judicature at Madras Dated : 07.1.2025 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.40002 of 2024 V.Selvamani
...Petitioner
Vs 1.The District Registrar, District Registration Office Campus, Nallipalayam, Namakkal District.
2.The Sub-Registrar, Tiruchengode Sub-Registrar Office, Paramathi Vellore Road, Namakkal District.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent - SRO, Pallipalayam, Namakkal District to accept the sale deed dated 08.8.2024 presented for registration thereby considering the petitioner's application for pre-registration token receipt No.TP/ 190539394/2024 dated 08.8.2024 within a stipulated time fixed by this Court.
For Petitioner :
Mr.N.Vijaya Basker for M/s.Law Vision For Respondents :
Mr.M.Shahjahan, SGP 1/5
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ORDER
Seeking a direction to the Sub-Registrar, Pallipalayam, Namakkal District to consider her application dated 08.8.2024 for accepting and registering the sale deed dated 08.8.2024, the petitioner is before this Court.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for the respondents.
3. The case of the petitioner is that she acquired the property measuring 1.00 3/4 acres in S.No.358/1A1A2, Pallipalayam Agraharam Village, Kumarapalayam Taluk, Namakkal District by way of a settlement deed dated 30.4.2024 registered as doc.No.1314 of 2024 on the file of the Sub-Registrar, Pallipalayam, Namakkal District. The subject property was acquired by her husband by way of two wills respectively dated 15.12.2004 and 24.2.2011 executed by his grandparents in his favour. In order to sell the subject property, the petitioner initially entered into a sale agreement dated 12.6.2024 and thereafter executed a sale deed dated 08.8.2024 in favour of one Mr.R.Jayagopi and one Mr.T.S.Eswaramoorthy and presented the same for registration. However, the Sub-Registrar, Pallipalayam, Namakkal District refused to accept the same on the ground that an objection 3/5
has been received in respect of the subject property. Hence the writ petition.
4. This Court has carefully considered the submissions of the learned counsel on either side and perused the materials available on record.
5. In the considered view of this Court, if there are objections to register the document presented by the petitioner, it is for the SubRegistrar, Pallipalayam, Namakkal District to consider the same and and if the objections are frivolous and not backed by any orders of court, he/she may proceed further to register the document presented for registration.
6. In the light of the above, the writ petition is allowed and the Sub-Registrar, Pallipalayam, Namakkal District is directed to accept and register the document presented by the petitioner for registration within a period of two weeks from the date of its representation. No costs.
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P.T.ASHA,J RS To 1.The District Registrar, District Registration Office Campus, Nallipalayam, Namakkal District.
2.The Sub-Registrar, Tiruchengode Sub-Registrar Office, Paramathi Vellore Road, Namakkal District.
copy to The Sub-Registrar, Pallipalayam, Namakkal District.
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