S.Arumuga Nainar v. The District Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2020
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR S.Arumuga Nainar
...Petitioner
Vs.
1.The District Registrar, Tirunelveli District, Tirunelveli.
2.The Sub Registrar, Nanguneri Sub Registrar Office, Nanguneri, Tirunelveli District.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondents to entertain registration of deeds of the petitioner, which is relating to Ayan Punja lands in Survey No.65/1, 66/2, 67/1, 67/2, 68 situated at Ilankulam Village and Survey No.100/2, 103/1A,1B,2A,2B, 103/2A,2B, 104/2, 105/1, 108/1A,1B, 117/2B situated at Pappankulam Village, Nanguneri Sub-Registration limit, Tirunelveli Registration District, Tirunelveli District based on the petitioner's representation, dated 12.02.2020 and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.
For Petitioner : Mr.T.Selvan For Respondents : Mr.V.Anand Government Advocate
ORDER
This Writ Petition is filed to direct the respondents to entertain the registration of deeds of the petitioner, which is relating to Ayan Punja lands in Survey No.65/1, 66/2, 67/1, 67/2, 68, situated at Ilankulam Village and Survey No.100/2, 103/1A,1B,2A,2B, 103/2A,2B, 104/2, 105/1, 108/1A,1B, 117/2B, situated at Pappankulam Village, Nanguneri Sub-Registration limit, Tirunelveli Registration District, Tirunelveli District, based on the petitioner's representation, dated 12.02.2020. 2.Heard Mr.T.Selvan, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate appearing for the respondents.
3.According to the petitioner, the petitioner purchased an Ayan Punja lands in Survey Nos.65/1, 66/2, 67/1, 67/2, 68 situated 1/3
at Ilankulam Village and Survey No.100/2, 103/1A,1B,2A,2B, 103/2A,2B, 104/2, 105/1, 108/1A,1B, 117/2B situated at Pappankulam Village, Nanguneri Sub-Registration limit, Tirunelveli Registration District, Tirunelveli District, for a valuable consideration through registered sale deeds. Thereafter, the petitioner has formed a house plot layouts in the said property and sold out the same to various persons through the second respondent Register Office. Thereafter, the said purchasers approached the second respondent for further registration. But, the second respondent refused to register the aforesaid property. Therefore, the petitioner has made a representation to the respondents on 12.02.2020. Since no action has been taken , the petitioner is before this Court. 4.Mr.V.
Anand, learned Government Advocate appearing for the respondents, on instructions, would submit that he placed a copy of the communication letter, dated 10.08.2020 addressed to the learned Government Advocate, wherein it has been stated that pursuant to the circular issued by the Sub-Registrar, Nanguneri in letter No.45129/rp3/2018, dated 26.11.2018, there is a ban for registering the sale deed or any other documents for the aforesaid survey numbers.
5.The learned counsel for the petitioner has made a request before this Court that the reason stated in the letter addressed to the learned Government Advocate, shall be communicated to the petitioner so as to will take appropriate steps for further action. 6.In view of the aforesaid submissions, this Court is inclined to direct the second respondent to consider the petitioner's representation, dated 10.02.2020 and also communicate the final order passed on the said representation, within a period of four weeks from the date of receipt of a copy of this order. 7.With the above directions, this Writ Petition stands disposed of. No costs.
Sd/- Deputy Registrar (LA&M) // True Copy // / /2020 Sub Assistant Registrar(CS) vsd/Ns 2/3
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Registrar, Tirunelveli District, Tirunelveli.
2.The Sub Registrar, Nanguneri Sub Registrar Office, Nanguneri, Tirunelveli District.
+1 CC to M/s.Special Government Pleader ( SR-13969[F] dated 13/08/2020 ) 12.08.2020 KB(21.08.2020) 3P 4C 3/3