Sanmugam.R v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2024

CORAM

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

The Sub Registrar, Bodinayakkanur Sub Registrar Office, Bodinayakkanur, Theni.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned refusal check slip issued by the respondent on 01.03.2024 vide Refusal No.RFL/Bodinayakkanur/7/2024 on his file and quash the same and consequently direct the respondent herein to register the said document presented by the petitioner herein. For Petitioner : Mr.GR.Balakumar For Respondent : Mr.C.Satheesh Government Advocate 1/4

ORDER

Heard both sides.

2.The petitioner wants to sell the petition mentioned property. Sale deed dated 28.02.2024 was executed by the petitioner in favour of Soundaram was presented for registration before the respondent. Citing the pendency of O.S.No.19 of 2024 on the file of District Court, Theni, registration was refused. Challenging the refusal check slip, the present writ petition came to be filed.

3.The issue raised in this writ petition is no longer res integra. My attention is drawn to the order dated 29.02.2024 made in W.P(MD)No. 4718 of 2024 (M.Govindaraj Vs The Registrar, Bodinayakkanur Sub Registrar Office, Bodiyakkanur, Theni). Paragraphs 4 and 5 of the said order read as follows:

"4.I have consistently held that pendency of the civil suit is no ground for refusing to register the document. Of course, breathing time can be given for objector to obtain interim relief. The authority cannot be expected to wait indefinitely. If really a civil suit has 2/4

been filed by Sakthi Ganesh, it is for him to get an interim order. If such an interim order is not obtained, the authority is obliged to register the document provided the other formalities stand fulfilled.

5.In this view of the matter, the order impugned in this writ petition is set aside. The petitioner is permitted to re-present the sale deed after four weeks from the date of receipt of a copy of this order. If in the meanwhile any interim order is obtained, the registering authority has to act as per the civil Court's order. If Sakthi Ganesh fails to produce an interim order, the registration shall be carried on."

In this case also the very same Sakthi Ganesh has raised objections. The impugned refusal check slip is set aside.

4.This writ petition is allowed on the same lines. There shall be no order as to costs.

19.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA Note: Issue order copy on 22.03.2024.

3/4

G.R.SWAMINATHAN, J.

MGA To The Sub Registrar, Bodinayakkanur Sub Registrar Office, Bodinayakkanur, Theni.

19.03.2024 4/4