R. Indra v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN R.Indra

...Petitioner

Vs.

1.The Inspector General of Registration, O/o.Inspector General of Registration, Chennai.

2.The District Registrar, O/o.The District Registrar, Virudhunagar District.

3.The Sub-Registrar, Rajapalayam Taluk, Virudhunagar District.

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the third respondent to register the sale deed dated 02.01.2025 executed by the petitioner qua the lands to an extent of 1 acre 9.22 cents comprised in T.S.No.114/14 (Old S.No.114/1A, Ayan S.No. 108/3) and the undivided 1/3rd share of the land to an extent of 6 cents comprised in S.No.114/1A1A1 (Old S.No.114/1A, Ayan S.No.108/3) Block No.7, Ward No.J, Pudhupalayam, Samisigapuram, Rajapalayam Town and Taluk, Virudhunagar District within the period that may be stipulated by this Court.

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For Petitioner : M/s.H.Jasima Yasmin for M/s.Ajmal Associates For Respondents : Mr.D.Sadiq Raja Additional Government Pleader

O R D E R

This writ petition has been filed for a direction directing the third respondent to register the sale deed, dated 02.01.2025 executed by the petitioner in respect of the lands comprised in T.S.No.114/14 Old S.No.114/1A, Ayan S.No.108/3 to an extent of 1 acre 9.22 cents and the undivided 1/3rd share of the land comprised in S.No.114/1A1A1 (Old S.No.114/1A, Ayan S.No.108/3) to an extent of 6 cents, Block No.7, Ward No.J, Pudhupalayam, Samisigapuram, Rajapalayam Town and Taluk, Virudhunagar District.

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

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4. The learned counsel appearing for the petitioner would submit that the land comprised in T.S.No.114/14 (Old S.No.114/1A0 Block No.7, Ward No.J, Pudhupalayam, Samisigapuram, Rajapalayam Town and Taluk, Virudhunagar District owned by the petitioner and also obtained patta. In order to deal with the property, the petitioner had executed the power of attorney and in turn, the power of attorney had executed the sale deed in favour of the third party on 02.01.2025 and presented the sale deed for registration, however, the third respondent refused to receive the document.

5. The learned Additional Government Pleader appearing for the respondents on instructions would submit that the petitioner used the manual encumbrance of the year 1991 . The encumbrance of the property of the year 1974 has been issued only through online, that apart, fabricated the patta and claimed title over the property. These facts revealed from the objections raised from the rival party.

6. In view of the above, the petitioner is directed to present the sale deed for registration and on presentation of the sale deed, dated 02.01.2025 the third respondent issue notice to the petitioner and the counter party and to 3/5

conduct an enquiry and pass orders on merits and in accordance with law within a period of four weeks from the date of presentation of the sale deed.

7. Accordingly, the writ petition is disposed of. No costs. Internet : Yes Index : Yes/No 23.01.2025 Speaking/Non Speaking order am To 1.The Inspector General of Registration, Chennai.

2.The District Registrar, Virudhunagar District.

3.The Sub-Registrar, Rajapalayam Taluk, Virudhunagar District.

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G.K.ILANTHIRAIYAN, J.

am 23.01.2025 5/5