Madras High CourtWP(MD)/5980/2022disposed of

Samuel Sudir v. The Inspector General Of Registration,

2022-04-01Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE M.Samuel Sudir ... Petitioner /Vs./ 1.The Inspector General of Registration, O/o. The Inspector General of Registration, 100, Santhome High Road, Foreshore Estate, Chennai-600 028.

2.The District Registrar, Palayankottai Registration Office, Palayamkottai, Tirunelveli District.

3.The Sub Registrar, Palayamkottai Sub Registration Office,, Palayamkottai Taluk, Tirunelveli District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd and 3rd respondents to register and release the Sale Deed in the petitioner's favour for the property in Survey No.124/2A, to an extent of 9 1⁄4 cents situated at Keelnatham village, Palayamkottai, Tirunelveli District respectively on the file of 3rd respondent, based on the petitioner's representation made to the respondents dated 12.02.2022 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.K.Sankar For Respondents : Mr.S.Shanmugavel Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the second and third respondents to register and release the Sale Deed in favour of the petitioner in respect of the property in Survey No.124/2A, measuring to an extent of 9 1⁄4 cents situated at Keelnatham village, Palayamkottai, Tirunelveli District, on the file of 3rd respondent, based on the petitioner's representation dated 12.02.2022, within a time frame to be fixed by this Court.

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2.Heard Mr.K.Sankar, learned Counsel for the writ petitioner and Mr.S.Shanmugavel, learned Additional Government Pleader, who accepts notice on behalf of the respondents.

3.The learned Additional Government Pleader appearing on behalf of the respondents, on instructions, would submit that the sale deed presented by the petitioner, which is the subject matter of this writ petition has already been refused to be registered on 27.08.2021, by an order, even before the representation given by the petitioner on 12.02.2022. Since the sale deed has been refused to be registered and an order has been passed by the third respondent, the petitioner will have to challenge the said order in the manner known to him under law.

4.After recording the submission made by the learned Additional Government Pleader appearing for the respondents, this Writ Petition is disposed of by granting liberty to the petitioner to challenge the refusal order dated 27.08.2021 in the manner known to the petitioner under law. There shall be no order as to costs. Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The Inspector General of Registration, O/o. The Inspector General of Registration, 100, Santhome High Road, Foreshore Estate, Chennai-600 028.

2.The District Registrar, Palayankottai Registration Office, Palayamkottai, Tirunelveli District.

3.The Sub Registrar, Palayamkottai Sub Registration Office, Palayamkottai Taluk, Tirunelveli District.

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+1 CC to M/s.SPL GP ( SR-16329[F] dated 04/04/2022 ) order made in Dated:

01.04.2022 NSN(CO) PA(07.04.2022) 3P 5C 3/3