Madras High CourtWP(MD)/10634/2021disposed of

Padmanabhan.R v. The Dist Registrar

2021-06-28Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.10634 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.10634 of 2021 R.Padmanabhan ... Petitioner Vs.

1.The District Registrar, Dindigul, Dindigul District.

2.The Sub Registrar, Nagalnagar Sub Registrar Office, Dindigul District.

... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the 2nd respondent to register and release the petitioner's sale deed in respect of land situated in Balakrishnapuram Revenue Village, Dindigul Taluk, Dindigul District in Survey No.701/2A1 having extent of 62 cents in the light of the petitioner's representation, dated 15.04.2021.

For Petitioner : Mr.D.Durai Solaimalai For Respondent : Mr.R.Sureshkumar Government Advocate

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the second respondent to register and release the sale deed that was presented by the petitioner for registration.

2. The case of the petitioner is that the subject property absolutely belongs to the petitioner and the petitioner wanted to sell the property and accordingly, the petitioner had executed three sale deeds and when the same was presented for registration, the second respondent is said to have refused to register the sale deeds. Aggrieved by the same, the present Writ Petition has been filed before this Court seeking for appropriate directions.

3. The learned Government Advocate appearing on behalf of the respondents submitted that the petitioner has not even properly presented the sale deeds before the second respondent and has rushed https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.10634 of 2021 to this Court seeking for a remedy. The learned Government Advocate further submitted that the petitioner may be directed to present the sale deeds before the second respondent and the same will be dealt with by the second respondent on its own merits and if the sale deeds are in order and the proper stamp duty and registration fees are paid, the second respondent will proceed to register the sale deeds and release the documents. The learned Government Advocate further submitted that if there are any objections in the registration of the sale deeds, the second respondent will pass appropriate orders under Section 71 of the Registration Act.

4. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate, there shall be a direction to the petitioner to submit the sale deeds for registration before the second respondent and the same shall be dealt with by the second respondent in accordance with law.

5. This Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS-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, Dindigul, Dindigul District.

2.The Sub Registrar, Nagalnagar Sub Registrar Office, Dindigul District.

+1 CC to M/s.SPL GP ( SR-20684[F] dated 30/06/2021 ) W.P.(MD).No.10634 of 2021 28.06.2021 KB(05.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2