Karuppaiah.C v. The Deputy Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH and W.M.P.(MD) Nos.8981 to 8983 of 2021 C.Karuppaiah .. Petitioner Vs.

1.The Deputy Inspector General of Registration, Office of the DIG of Registration, Othakadai, Madurai.

2.The District Registrar, Office of the District Registrar, Madurai North Registration, Rajakambeeram, Othakadai, Madurai.

3.The Sub Registrar, Office of the Sub Registrar, Puthuthamaraipatti Sub Registration Office, Chittampatti, Madurai.

4.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Vellaripatti, Melur Taluk, Madurai-625 122.

5.The Tahsildar, Office of the Tahsildar, Melur Taluk, Madurai.

6.SMT Sudha Achi 7.R.Thenmozhi 8.R.Meera 9.S.Pathey Krishnakumar 10.PS Anusiya 11.PS Muralibabu .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the 3rd respondent in REFU No. Book 2/3/2021 dated 15.06.2021, quash the same and consequently register the sale deed of the petitioner in S.No.96/2B of the Valayapatti Village of Melur Taluk, Madurai based on the Patta issued by the 5th respondent in Na.Ka.No. K.5683/20/C1 dated 31.12.2020. For Petitioner :

Mr.S.Ramsundarvijayraj For RR1 to 5 :

Ms.D.Farjana Ghoushia Special Government Pleader For RR6 to 8 :

Mr.N.Manikandan For RR9 & 11 :

Mr.Mohammed Imran for M/s.Ajmal Associates For R10 :

No appearance

ORDER

The subject matter of challenge in the present writ petition pertains to the refusal check slip issued by the 3rd respondent dated 15.06.2021 and for a consequential direction to the 3rd respondent to register the sale deed pertaining to the subject property that was presented by the petitioner and to release the same.

2. Heard Mr.S.Ramsundarvijayraj, learned counsel for the petitioner, Ms.D.Farjana Ghoushia, learned Special Government Pleader appearing for respondents 1 to 5, Mr.N.Manikandan, learned counsel for respondents 6 to 8 and Mr.Mohammed Imran, learned counsel, for M/s.Ajmal Associates, for respondents 9 and 11.

3. In the considered view of this Court, the petitioner has an efficacious/alternative remedy of appeal before the District Registrar as against the refusal check slip issued by the Sub Registrar viz., the 3rd respondent. Hence, it will be more appropriate to give liberty to the

petitioner to file an appeal before the District Registrar and to workout his remedy. The appeal shall be filed before the District Registrar viz., the 2nd respondent in this writ petition within a period of two weeks from the date of receipt of a copy of this order. The District Registrar, on receipt of the same, shall issue notice to all the interested parties and shall conduct an enquiry and take a decision within a period of eight weeks thereafter.

4. This Writ Petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed. 21.12.2023 Note: Issue copy by 26.12.2023 NCC : Yes/No Index : Yes/No Internet : Yes ABR

To 1.The Deputy Inspector General of Registration, Office of the DIG of Registration, Othakadai, Madurai.

2.The District Registrar, Office of the District Registrar, Madurai North Registration, Rajakambeeram, Othakadai, Madurai.

3.The Sub Registrar, Office of the Sub Registrar, Puthuthamaraipatti Sub Registration Office, Chittampatti, Madurai.

4.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Vellaripatti, Melur Taluk, Madurai-625 122.

5.The Tahsildar, Office of the Tahsildar, Melur Taluk, Madurai.

N. ANAND VENKATESH, J.

ABR Dated : 21.12.2023