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Madras High CourtWP(MD)/10182/2021disposed of

Sivathanu.N v. The Dist.Registrar

2021-06-17Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.10182 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.10182 of 2021 N.Sivathanu

...Petitioner

Vs.

1. The District Registrar, Tirunelveli District, Tirunelveli.

2. The Sub Registrar, Vallioor, Tirunelveli District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned Refusal Check Slip in Refusal Number : RFL/Vallioor/22/2012, dated 09.06.2021 and the Inspection Report dated 09.06.2021 under Section 27 (1) of the Registration Rules, issued by the second respondent and quash the same as illegal and consequently direct the second respondent to register the documents presented by the title holder pertaining to the Natham Survey No.1254/1 in North Vallioor Part-1 Village, Radhapuram Taluk, Tirunelveli District.

For Petitioner : Mr.R.J.Karthick For Respondents : Mr.M.Lingadurai, Government Advocate (Civil)

ORDER

The impugned refusal check slip issued by the second respondent, dated 09.06.2021 has been put to challenge in the present Writ Petition.

2. Heard Mr.R.J.Karthick, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate (Civil) appearing for the respondents.

3. The issue raised in the present Writ Petition is squarely covered by the earlier order of this Court in W.P.(MD). No.7873 of 2021, dated 27.04.2021. In fact, the petitioner in that Writ Petition is the brother of the petitioner in the present Writ Petition and the property in question is also the same.

4. In view of the above, the Refusal Check Slip issued by the second respondent, dated 09.06.2021, is hereby quashed and there https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.10182 of 2021 shall be a direction to the second respondent to entertain the sale deed presented by the petitioner, if it is otherwise in order and necessary stamp duty and registration charges are paid. The document shall be released after registration.

5. The Writ Petition stands allowed with the above directions. There shall be no order as to costs. Sd/- Assistant Registrar (AD I) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The District Registrar, Tirunelveli District, Tirunelveli.

2. The Sub Registrar, Vallioor, Tirunelveli District.

+1cc to M/s.Special Government Pleader, SR No.19668 W.P.(MD).No.10182 of 2021 17.06.2021 KK(21.06.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2