Zakir Hussain Khan Anwar v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Zakir Hussain Khan Anwar ... Petitioner Vs 1.The District Registrar, Madurai District, Madurai.

2.The Sub-Registrar, Karupayurani Sub-Registrar Office, Madurai District, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to receice the document and entertain the registration submitted by the petitioner pertaining to the schedule property viz., Tamil Nadu State - Madurai North Taluk - Varichiyur Village - Jamiya Nagar - Second Part - Vacant House Site - Plot No.232 - Sy.No.178/1A7 - Dry - Ac.0.08 Cents and in Sy.No.179/1, Ac.0.66 cents - measuring East - West: 40 Feet - North - South: 60 Feet. For Petitioner : Mr.J.M.Arvind Pawlraj For Respondents : Mr.S.Shanmugavel Additional Government Pleader 1/4

ORDER

When the matter was taken up for hearing, the learned Additional Government Pleader submitted that even for presenting the document, the Writ Petition had been filed. Since cause of action has not arisen, the Writ Petition is not maintainable.

2. It is open to the petitioner to present the document in respect to the petition mentioned property. The second respondent has got two course of action open to him, he may entertain the document and register it or if he wants to refuse registration, a speaking order has to be passed by issuing a refusal cheque slip. Granting liberty to the petitioner to approach the second respondent and mandating the second respondent to adopt one of the course of action mentioned above, the Writ Petition is disposed of. No costs. 28.03.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 2/4

To 1.The District Registrar, Madurai District, Madurai.

2.The Sub-Registrar, Karupayurani Sub-Registrar Office, Madurai District, Madurai.

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G.R.SWAMINATHAN, J.

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