Madras High CourtWP/27917/2018disposed of

K.Siva v. The Sub Registrar

2018-11-27Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.11.2018

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.27917 of 2018 K. Siva .. Petitioner Vs.

The Sub Registrar, No.1, Joint Sub Registration District, Kallakurichi, Villupuram District.

.. Respondent PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for records and quash the same in connection with impugned non speaking order returning registration No.RFL/1/2018 dated 18.09.2018 issued by the respondent as illegal, violating principles of natural justice and consequentially direct the respondent to Register and Release document Deed of settlement dated 18.09.2018 based on Patta No.73, in S.No.245/5, 11 cents at Ulagamkathan Village, Kallakurichi Taluk, Villupuram District.

For Petitioner : Mr.R.Kumaravel For Respondent : Mr.P.Purushothaman Govt. Advocate

O R D E R

The petitioner has filed the present Writ Petition challenging the order of refusal to register and release the settlement deed passed by the respondent on the ground that the "ownership differs, represent the documents which show the title relating to the presentor".

2. Heard Mr.R.Kumaravel, learned counsel appearing for the petitioner and Mr.P.Purushothaman, learned Government Advocate appearing for the respondent.

3. The Registration is refused by the respondent only on https://hcservices.ecourts.gov.in/hcservices/

the ground that the names did not tally. The impugned order is directing the petitioner to appear before the authority with the relevant document.

4. Since the petitioner is directed to appear before the respondent with the relevant documents only to show his title for the purpose of executing settlement deed in favour of his wife and to get the same registered, the petitioner is directed to appear before the respondent on the date and time that may be fixed by the respondent, who shall after affording an opportunity of personal hearing, pass appropriate orders on merits as per law within a period of eight weeks from the date of receipt of a copy of this order.

5.With the above directions, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar jv To The Sub Registrar, No.1, Joint Sub Registration District, Kallakurichi, Villupuram District.

+1cc to Mr.R.Kumaravel, Advocate, S.R.No. 81031 +1cc to the Government Pleader, S.R.No. 81775 W.P.No.27917 of 2018 KS(CO) GN(20/12/2018) https://hcservices.ecourts.gov.in/hcservices/