P.Thangam, W/O.L.Paul Raj, v. The Sub-Registrar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.4954 of 2019 and W.M.P.(MD)No.3937 of 2019 P.Thangam ... Petitioner Vs 1.The Sub Registrar, Vadasery, Kanyakumari District.
2.The Special Officer / Block Development Officer, Village Panchayats, Thovalai Panchayat Union at Boothapandi.
R2 is suo motu impleaded vide Court order dated 02.04.2019 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus by calling for the entire records pertaining to the return memo issued by the respondent vide his Memo No.164/2018 dated 29.06.2018 in connection with the sale of Plot No.10, Annai Nagar, situated at Re-Survey No.324/4A1, Thirupathisaram Village, Thovalai Taluk, Kanyakumari District and set aside the same and consequently direct the respondent to register the said sale deed.
For Petitioner : Mr.R.Anand For Respondents : Mr.M.Murugan Government Advocate
ORDER
Heard the learned counsel on either side.
2.The petitioner wants to sell the petition mentioned plot in favour of one Sriraman. She executed a sale deed dated 29.06.2018 in his favour. When the document was presented for registration, the respondent declined to register the document. The impugned return memo was issued that lay out has not been approved. It is seen that the plot in question is forming a part of an approved lay out.
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3.The petitioner is permitted to resubmit the petition mentioned sale deed along with the documents indicating the grant of lay out approval by the competent authorities. The first respondent shall there upon conclude the registration formalities. The first respondent shall receive the same and on being satisfied that approval has been actually granted, also register the document in question.
4.Accordingly, this writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(CS) pnn To 1.The Sub Registrar, Vadasery, Kanyakumari District.
2.The Special Officer / Block Development Officer, Village Panchayats, Thovalai Panchayat Union at Boothapandi.
+1 CC to M/s.R.ANAND, Advocate ( SR-63937[F] dated 29/04/2019 ) +1 CC to M/s.SPL GP ( SR-65062[F] dated 02/05/2019) W.P.(MD)No.4954 of 2019 and W.M.P.(MD)No.3937 of 2019 29.04.2019 ES/07.05.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/