Madras High CourtWP(MD)/16735/2015disposed of

A.Adaikkalam v. The Sub Registrar

2016-01-25Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition(MD)No.16735 of 2015 A.Adaikkalam ... Petitioner Vs.

The Sub-Registrar, Office of the Sub Registrar, Kariapatti, Virudhunagar District.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to accept the sale deed presented by the petitioner for registration and release the same forthwith in respect of property comprised in Survey No.16/3A, admeasuring 37 cents situated at Kaluvanachery Village, Kariapatti Taluk.

For Petitioner : Mr.S.Balamurugan For Respondent : Mr.M.Rajarajan Government Advocate

ORDER

The petitioner seeks for a direction to the respondent to accept the sale deed presented by him for registration and release the same forthwith in respect of property comprised in Survey No.16/3A, admeasuring 37 cents situated at Kaluvanachery Village, Kariapatti Taluk.

2. In the counter-affidavit filed by the respondent, the respondent has stated some reasons for not registering the document of the petitioner.

3. Needless to say that if the respondent is not in a position to register the document, based on certain reasons, he should pass an order and communicate the same to the petitioner. Then only, the petitioner will be in a position either to comply with the requirement or to challenge the said order in the manner known to law. In this case, admittedly, the respondent has not passed any order so far.

4. Considering the above stated facts and circumstances and without expressing any view on the claim made by the petitioner as well as the contention raised in the counter-affidavit, the petitioner is at liberty to represent the document before the respondent within a period of four weeks from the date of receipt of a copy of this order and on https://hcservices.ecourts.gov.in/hcservices/

receipt of such representation, the respondent is directed to pass orders on the same on merits and in accordance with law thereafter.

5. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant RegistrarCS-I) /True Copy/ Sub Assistant Registrar To The Sub-Registrar, Office of the Sub Registrar, Kariapatti, Virudhunagar District.

+1cc to Mr.S.Balamurugan, Advocate SR.No.4640 +1cc to The Special Government Pleader, Madurai. SR.No.4549 W.P(MD)No.16735 of 2015 25.01.2016 ps NS/AAL-MPA/03.02.2016 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/