Madras High CourtWP(MD)/5949/2015disposed of

Raman, v. The Sub Registrar

2019-03-26Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5949 of 2015 Raman ... Petitioner Vs The Sub Registrar, O/o. The Sub Registrar, Vadamadurai, Dindigul District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to register and execute a sale deed for the document bearing registration No.4901/2011 in Sy.No.1173 in Patta No.2388 at Ayyalur Village, Vedasendur Taluk, Dindigul District by taking into account the petitioner's representation dated 18.03.2015. For Petitioner : Mr.A.Rajini For Respondent : Mr.M.Murugan Government Advocate

ORDER

Heard the learned counsel on either side.

2.The petitioner wants to sell his share of the agricultural land that devolved on him following the demise of his father Muthal. His grievance is that the document presented by him was not registered.

3.When the matter came up for hearing, the learned Government Advocate informs the Court that if the petitioner fulfils the requirements set out in Section 5 of the Patta Passbook Act, the document presented by the petitioner would be registered. Section 5

(1) of the said Act reads as follows:

"5.Making of entries of registration of alienation or transfer in the patta pass book -

(1) No document relating to transfer of any land by sale, gift, mortgage, exchange, settlement or otherwise shall be registered by the registering authority, unless the patta pass book relating to such land is produced before such registering authority".

4.If the petitioner complies with the statutory requirements, the respondent is bound to register any document presented by the petitioner for registration.

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5.With this observation, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) pnn To The Sub Registrar, O/o. The Sub Registrar, Vadamadurai, Dindigul District.

1 CC to M/s.SPL GP ( SR-57467[F] dated 28/03/2019 ) +1 CC to M/s.A.RAJINI, Advocate ( SR-4288[D] dated 01/04/2019 ) W.P.(MD)No.5949 of 2015 26.03.2019 DS/ /SAR- (12.04.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/