Akilandeswari v. The Joint Sub Reigstar No.I

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Akilandeswari ... Petitioner Vs.

The Joint Sub Registrar No.1, Palani, Dindigul District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to accept the sale deed dated 26.01.2024 executed in favour the petitioner and presented for registration on 29.01.2024 with application No.S01LANDVV202401292829549 and registered the same by following the procedure within a time frame.

For Petitioner : Mr.D.Venkatesh For Respondent : Mr.S.Shanmugavel, Addl. Government Pleader.

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ORDER

Heard both sides.

2.The petitioner is the purchaser of the petition mentioned property. Sale deed dated 26.01.2024 was executed in her favour. The document was presented for registration on 29.01.2024. The grievance of the petitioner is that the document was not even accepted for registration. 3.The learned Additional Government Pleader would state that since the document had been undervalued, the respondent wants to refer the matter under Section 47-A of the Indian Stamp Act.

4.I cannot accept the stand of the respondent. If reference has to be made, document must be accepted in the first instance for registration. Even without accepting the document for registration, I fail to understand as to how reference can be made. If the respondent does not want to register document, then refusal check slip containing reasons must be issued. In any event, the response of the respondent must in writing. It should be backed by reasons. There cannot be oral refusal to accept the document for registration. The 2/4

petitioner is permitted to re-present the document. The respondent shall take a call in the matter in the manner known to law. In any event, as already directed, the stand of the respondent must be duly reduced in writing. 5.This writ petition is disposed of accordingly. No costs. 19.02.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 22.02.2024.

To:

The Joint Sub Registrar No.1, Palani, Dindigul District.

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G.R.SWAMINATHAN, J.

ias 19.02.2024 4/4