S.Perumal Samy v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.Perumal Samy ... Petitioner vs.

1. The Sub-Registrar, Registration Department, Sub-Registrar Office, Aruppukottai.

2. Arupukottai Sri Vijaya Lakshmi Textile Mills Private Limited, Having registered office at 34/31, Veerappan Naickar Street, Arupukottai-626 101, Virudhunagar District, Represented by its Director.

..Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records in respect of the impugned order passed by the 1st respondent dated. 27.02.2025 in his proceedings of reference RFL/aruppukottai/10/2025 and to quash the same as illegal and in consequence, to issue a writ of Mandamus, to direct the 1st respondent to register the sale deed in respect of the property comprised in Virudhunagar District, Aruppukottai Taluk, Aruppukottai Village in S.No.201/5 acre 3.84 in which 1 acre 8 cents forming the western portion and 1 acre 8 cents forming the north eastern portion totaling 2 acres 16 cents out of which the 1/4

portion that remain unsold having several plots out of which plot no.1 measuring 683.30 square feet which is comprised in present T.S.No.15/29 within the time limit stipulated by this Court.

For Petitioner : Mr.Ananada Padmanapam Senior Counsel for M/s.APN Law Associates For R1 : Mr.S.Saji Bino Special Government Pleader *****

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned order passed by the 1st respondent dated 27.02.2025 in his proceedings of reference RFL/aruppukottai/10/2025 and consequently, to direct the 1st respondent to register the sale deed.

2.Through the impugned order, the 1st respondent has rejected to register the sale deed, since there is objection from the Director of Arupukottai Sri Vijaya Lakshmi Textile Mills Private Limited. The objector is the 2nd respondent herein. In spite of notice the 2nd respondent did not appear before this Court. Therefore, this Court directed the petitioner to take second notice to the 2nd respondent. Again, the 2nd respondent has refused to receive the same stating that the Director has left the Company.

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3.Therefore, the said objections of the 2nd respondent cannot be considered. Even though there is an objection, the 1st respondent cannot decline to register the sale deed. If at all there is any objection, the 2nd respondent ought to have approached the appropriate Civil Court to redress his grievance. As on date, there is no such suit pending and there is no decree in favour of the 2nd respondent. Therefore, the impugned order is quashed. The 1st respondent is directed to register the petitioner's sale deed within a period of four weeks from the date of receipt of a copy of this order.

4.With the above observations, this Writ Petition is allowed. There shall be no order as to costs.

24.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To:

The Sub-Registrar, Registration Department.

Sub-Registrar Office, Aruppukottai.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED :24.06.2025 4/4