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Madras High CourtWP(MD)/8289/2023allowed

Ramajeyam v. The Sub-Registrar

2024-08-30Honourable Mr Justice N. Sathish Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Ramajeyam ... Petitioner Vs

1. The Sub-Registrar, Batlagundu, Dindigul District.

2. C.Mumoorthy Kumar ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the 1st respondent to register the document presented by petitioner in respect of the properties comprised S.Nos.158/1, 158/2, 158/3 to an extent of 0.77.0 hectares alternately 1 acre 90 cents situated at Poolathur Village, Dindigul District dehors the registered sale agreement dated 25/06/2018 vide document No.2007/2018 entered with the 2nd respondent.

For Petitioner : Mr.R.G.Shankar Ganesh For Respondents : Mr.C.Satheesh (R1) Govt. Advocate Mr.C.Mayilvahana Rajendran (R2) 1/4

O R D E R

This Writ Petition has been filed seeking a direction to the 1st respondent to register the document presented by the petitioner in respect of the properties comprised S.Nos.158/1, 158/2, 158/3 to an extent of 0.77.0 hectares alternately 1 acre 90 cents situated at Poolathur Village, Dindigul District dehors the registered sale agreement dated 25/06/2018 vide document No.2007/2018 entered with the 2nd respondent.

2.Heard Mr.G.Shankar Ganesh, the learned counsel appearing for the petitioner, Mr.C.Satheesh, learned Government Advocate appearing for the first respondent and Mr.C.Mayilvahana Rajendran, learned counsel appearing for the second respondent. Perused the materials available on record. 3.It is the case of the petitioner that when the petitioner presented the sale deed for registration, the same has not been registered citing the sale agreement in respect of the subject property, dated 25.06.2008. Hence, this petition has been filed.

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4.The issue in hand is no more res-integra. The Division Bench of this Court in the case of N. Ramayee v Sub-Registrar reported in (2020)6 CTC 697 clearly held that mere entry about the previous agreement is not a bar for registering subsequent document.

5.In such view of the matter, this writ petition stands disposed of by directing the 1st respondent to register the sale deed in respect of subject property, submitted by the petitioner, within a period of one week from the date of receipt of copy of this order, if it is otherwise in order. No costs. 30.08.2024 NCC : Yes/No Index : Yes/No PNM To

1. The Sub-Registrar, Batlagundu, Dindigul District..

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N.SATHISH KUMAR , J.

PNM ORDER IN 30.08.2024 4/4