T.Jeyaram v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD) No.9747 of 2019 T.Jeyaram ... Petitioner vs.

The Sub Registrar, Palliyadi Sub Registrar Office, Kanyakumari District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to register the Sale Deed pertaining to the property in Survey No.521/1, Kappiyarai Village, Kalkulam Taluk, Kanyakumaari District. For Petitioner :

Mr.K.Kulanthai Vikram For Respondent :

Mr.M.Murugan, Government Advocate ******

O R D E R

The prayer sought for in this Writ Petition is to direct the respondent to register the Sale Deed pertaining to the property in Survey No.521/1, Kappiyarai Village, Kalkulam Taluk, Kanyakumari District.

2. Heard Mr.K.Kulanthai Vikram, learned counsel for the petitioner and Mr.M.Murugan, learned Government Advocate appearing for the respondent.

3. The petitioner seems to have submitted the documents for registration of 8.75 cents land at Survey No.54/1 situated at Kappiyarai Village, Kalkulam Taluk, Kanyakumaari District to the respondent on 11.10.2018. However, on the very same date, that has been returned with an order stating that if the document for registration is submitted within the provisions of the Registration Act and the Rules made there under, it would be taken up for consideration and for registration.

4. Since such a generalized statement has been given in the reply dated 11.10.2018 by the respondent, the petitioner has approached this Court with the aforesaid prayer of Mandamus.

5. Today, when the case is taken up for hearing Mr.M.Murugan, learned Government Advocate appearing for the respondent, on instructions, would submit that, the document in question has not been submitted through on-line for registration with relevant documents and only in that context, the said reply has been given by the respondent on 11.01.2018 and therefore, if the document is filed by the petitioner through on-line with relevant documents, definitely the same would be considered, if it is otherwise in order it will be taken up for registration.

6. The learned counsel appearing for the petitioner, on hearing the said submission made by the learned Government Advocate, wants the said statement to be recorded and he would further submit that, accordingly, the petitioner would file the document in question for the registration through on-line with relevant documents and based on which, let the respondent shall consider the same for registration.

7. I have considered the said submission made by both sides, especially, the submission made by the learned Government Advocate, on instructions, and by recording the same, this Court is inclined to dispose of this writ petition with the following direction: "that the petitioner shall submit the document in question for registration through on-line to the respondent with all relevant documents and once such document is filed through on-line, the respondent shall consider the same and if at all any defects find out, the same shall be intimated to the petitioner and once the same is rectified and if the respondent is satisfied that in all respects the document is in order and the relevant documents pertaining to the registration document have also been filed, the respondent shall register the same in accordance with law. Such exercise shall be completed within a period of four (04) weeks from the date of receipt of the filing of the document through on-line by the petitioner."

With the aforesaid directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-I) / True Copy / Sub Assistant Registrar(CS- )

das/sts To The Sub Registrar, Palliyadi Sub Registrar Office, Kanyakumari District.

+1 CC to M/s.C.MAYIL VAHANA RAJENDRAN, Advocate ( SR-69493[F] dated 18/06/2019 ) +1 CC to M/s.SPL GP ( SR-69716[F] dated 19/06/2019 ) Order made in W.P.(MD) No.9747 of 2019 ES/16.07.2019/3P/4C