Mahesh v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Mahesh ... Petitioner vs.

1.The District Registrar, Tenkasi District.

2.The Sub Registrar, Idaikal Sub Registrar Office, Tenkasi District.

3.Subbiah ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second respondent to register the sale agreement between the petitioner and the third respondent, dated 09.01.2023 in respect of the property situated at S.F.No.515/9 with an extent of 3 cents situated at 2nd Street, Shenkottai Main Road, Achanpudur Village, Kadaiyanallur Taluk, Tenkasi District, presented on 08.02.2023 within a time stipulated by this Court. 1/5

For Petitioner :Mr.M.Chokkusamy Balasubramanian For R1 and R2 :Mr.M.Prakash Additional Government Pleader For R3 :Ms.R.Shalini Priyanka *****

O R D E R

This Writ Petition has been filed in the nature of Mandamus seeking a direction against the second respondent to register the sale agreement between the petitioner and the third respondent, dated 09.01.2023 in respect of the property situated at S.F.No.515/9 with an extent of 3 cents situated at 2nd Street, Shenkottai Main Road, Achanpudur Village, Kadaiyanallur Taluk, Tenkasi District, which was presented by the petitioner on 08.02.2023.

2.Heard Mr.M.Chokkusamy Balasubramanian, learned Counsel for the petitioner, Mr.M.Prakash, learned Additional Government Pleader for the first and second respondents and Ms.R.Shalini Priyanka, learned Counsel for the third respondent.

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3.An agreement of sale was presented for registration by the petitioner, which was entered into by the petitioner and the third respondent. The second respondent/Sub Registrar, Idaikal Sub Registrar Office at Tenkasi District had kept it pending. 4.A direction is given to the second respondent to pass necessary orders and take a decision either to register or refuse to register the same. If the second respondent refuses to register the same, then a refusal check slip in accordance with the provisions of the Act may be issued giving necessary reasons for such refusal. The second respondent cannot keep the agreement of sale pending without taking any decision. The second respondent is directed to take a decision on or before 13.04.2023. 5.The Writ Petition stands disposed of. No costs. Index :Yes / No 29.03.2023 Internet :Yes NCC : Yes/No cmr 3/5

To 1.The District Registrar, Tenkasi District.

2.The Sub Registrar, Idaikal Sub Registrar Office, Tenkasi District.

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C.V.KARTHIKEYAN, J.

cmr Order made in 29.03.2023 5/5