Andichamy v. The District Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2024
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.2114 of 2024 Andichamy ... Petitioner Vs 1.The District Registrar, Office of the District Registrar, Theni.
2.The Sub-Registrar, Office of the Sub-Registrar, Theni, Theni District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to register the sale agreement dated 05.09.2023 pertaining to S.Nos. 219/4A1A, 219/1, 218/2, 253/4, 219/4, 219/6, 219/3 admeasuring approximately 14 Acres and 34 Cents at Oonjampatty Village, Periyakulam, Theni District in accordance with representation, dated 10.11.2023 given to the first respondent by the petitioner.
For Petitioner : Mr.S.Anandha Rajagopal For Respondents : Mr.D.S.Neduchezian Government Advocate 1/5
ORDER
The petitioner has prayed for issuance of a Writ of Mandamus, directing the second respondent to register the sale agreement, dated 05.09.2023 pertaining to S.Nos.219/4A1A, 219/1, 218/2, 253/4, 219/4, 219/6, 219/3 admeasuring approximately 14 Acres and 34 Cents at Oonjampatty Village, Periyakulam, Theni District in accordance with representation, dated 10.11.2023 given by the petitioner to the first respondent.
2. Heard Mr.S.Anandha Rajagopal, learned counsel appearing for the petitioner and Mr.D.S.Neduchezian, learned Government Advocate appearing for the respondents 1 & 2.
3. By consent, this writ petition is disposed of at the admission itself.
4. The case of the petitioner is that, the petitioner and 7 others applied in the Tamil Nadu Registration Website to register the Sale Agreement executed between the petitioner and 7 others and one Ganesan. They had received Token in No.14 bearing Temporary Number in No.TP/158773315/2023. They submitted all the required documents before the second respondent. Prior to that on 04.09.2023 we had paid Rs.97,310/- towards Registration fee and 2/5
received receipt for the same bearing transaction No.REG202309045562203. On 05.09.2023 the second respondent did not register the document for the reasons best known to him. Hence, again on 16.09.2023 they had applied with token No.9 before the second respondent. The second respondent did not register the Sale Agreement on that day also. On 19.09.2023 the petitioner had sent the necessary documents to the second respondent through registered post and the second respondent had not registered the sale agreement. The documents submitted for registration before the Sub-Registrar are not returned. Therefore, the petitioner has made a representation to the first respondent on 10.11.2023. Since, the first respondent has not taken any steps to register the sale agreement, the petitioner has approached this Court by way of filing the present Writ Petition for the relief stated supra.
5. The learned Government Advocate appearing for the respondents would submit that the petitioner has not presented any papers to the respondents, if they presented the papers for registration, the respondents will consider the same and pass appropriate orders. If there is any reason for refusal, they definitely entrust the same and to give the refusal slip. 3/5
6. Considering the limited scope of the prayer sought for by the petitioner, without going into the merits of the matter, this Court directs the petitioner to present the papers to the respondents within a period of one week from the date of receipt of a copy of this order and thereafter, the second respondent shall consider the same and pass appropriate orders on merits and in accordance with within a period of one week thereafter.
7. Accordingly, this writ petition is disposed of. No costs. 02.02.2024 Index : Yes/No Internet: Yes/No am To 1.The District Registrar, Office of the District Registrar, Theni.
2.The Sub-Registrar, Office of the Sub-Registrar, Theni, Theni District.
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V.BHAVANI SUBBAROYAN, J.
am W.P(MD)No.2114 of 2024 02.02.2024 5/5