K.S. Ramaiah v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN K.S. Ramaiah ... Petitioner /Vs./

1. The Sub-Registrar Office of Sub-Registrar, Shengottai, Tenkasi District.

2. Tirupathi ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to conduct an enquiry in regard to the execution of the sale deed dated 08.08.2024 by the 2nd respondent in the petitioner's favour along with the original parent documents on the basis of his representation dated 01.10.2024. For Petitioner : Mr.R.G.Shankar Ganesh For Respondents : Mr.M.Sarangan Additional Government Pleader for R1 : Mr.D.Venkatesh for R2 1/4

ORDER

This Writ Petition has been filed for a direction, directing the first respondent to conduct an enquiry on the representation submitted by the petitioner with regard to the execution of sale deed dated 08.08.2024 by the 2nd respondent in favour of the petitioner.

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

3. The second respondent owned property comprised in S.No. 651/2, 651/3, situated at Ilathur Village, Sengottai Taluk, Tenkasi, to an extent of 41 3⁄4 cents. The second respondent had entered into an agreement for sale with the petitioner and subsequently, had executed sale deed dated 08.08.2024. However, when the document was presented for registration, the second respondent failed to appear. Therefore, the petitioner could not be able to present the document for registration. Thereafter, the second respondent had executed a gift settlement deed in respect of the very same property in favour of his daughter and the same 2/4

got registered on the file of the first respondent. Now, the petitioner submitted representation to conduct enquiry in this regard. Though the second respondent had executed a sale deed in favour of the petitioner, the second respondent was not interested to register the same in favour of the petitioner. Mere execution of a sale deed is not an impediment for the second respondent to execute subsequent deed of conveyance in respect of the very same property. If at all any grievance, the petitioner can very well approach the civil Court for appropriate relief.

4. In view of the above, direction sought for in this writ petition cannot be granted and the writ petition is devoid of merit and the same is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. No costs.

Index : Yes / No 29.01.2025 NCC : Yes / No LS 3/4

G.K.ILANTHIRAIYAN , J.

LS TO:- The Sub-Registrar Office of Sub-Registrar, Shengottai, Tenkasi District.

Order made in Dated:

29.01.2025 4/4