Madras High CourtWP(MD)/3746/2020disposed of

P.Sivasakthibalan v. The District Registrar

2020-12-16Honourable Mr Justice S. Vaidyanathan2 pages

W.P.(MD)No.3746 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN W.P.(MD)No.3746 of 2020 P.Sivasakthibalan ... Petitioner -vs1.The District Registrar, Palayamkottai Registration District, Collectorate, Tirunelveli District.

2.The Sub Registrar, Murappanadu Sub Registration Office, Palayamkottai, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the second respondent Sub Registrar, Murappanadu to release petitioner sale deed pending Document No.8/2020 within stipulated time fixed by this Court.

For Petitioner : Mr.K.R.Singaravadivel For Respondents : Mr.M.Murugan Government Advocate

ORDER

This writ petition is filed, seeking issuance of a Writ of Mandamus to direct the second respondent Sub Registrar, Murappanadu, to release petitioner's sale deed pending Document No.8/2020 within stipulated time fixed by this Court. 2.Heard the learned Counsel appearing for the petitioner and Mr.M.Murugan, learned Government Advocate appearing for the respondents.

3.It is represented by the learned counsel appearing for the petitioner that the petitioner had purchased a land from one Ranganatha Muthaliyar who is the legal heir of one Vadivammal Annai who got the said property by way of partition. When the petitioner presented the document for registration before the second respondent on 19.12.2017, the second respondent had returned the same on the same day asking the petitioner to produce certain documents. Challenging the same, the petitioner had filed a Writ Petition in W.P.(MD)No.24057 of 2017 and this Court disposed the said Writ https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.3746 of 2020 Petition with a direction to the petitioner to produce the same and subject to the completion of other formalities, the second respondent should register the document presented for registration by the petitioner. Thereafter, the petitioner presented the sale deed on 13.02.2020 along with necessary documents. Though the second respondent verified the same on the same day, till date the original sale deed has not been released. Hence, the petitioner has come forward with the present Writ Petition.

4.Now, the learned Counsel appearing for the petitioner would submit that the petitioner has agreed to produce the documents sought for by the second respondent in order to enable him to release the deed pending in Document No.8/2020. 5.This Court without going into the merits of the case, directs the petitioner to produce the documents sought by the second respondent within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, depending upon the veracity of the documents and after scrutinising the same, the second respondent is directed to release the document, within a period of two weeks thereafter, if there are no legal impediment. 6.With the above directions, the writ petition, is disposed of. No costs.

Sd/- Assistant Registrar (RTI) // True Copy // / /2020 Sub Assistant Registrar(CS) SRM To 1.The District Registrar, Palayamkottai Registration District, Collectorate, Tirunelveli District.

2.The Sub Registrar, Murappanadu Sub Registration Office, Palayamkottai, Tirunelveli District.

W.P(MD)No.3746 of 2020 16.12.2020 SGS(CO) NR (30/12/2020) 2P : 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2