Madras High CourtWP(MD)/12086/2024disposed of

M.Sunil Kumar v. The District Registrar

2024-07-02Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.Sunil Kumar ... Petitioner Vs.

1.The District Registrar, District Registrar Office, Kanyakumari District, Nagercoil.

2.The Sub Registrar, Thuckalay Sub Registrar Office, Thuckalay, Kanyakumari District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1 and 2 respondents herein to remove / delete the encumbrance entry pertaining to registered sale agreement dated 10.02.2003 vide Doc. No.378/2003 with respect to Old S. No.5538, Re.S. No.632/1 to an extent of 7.5 cents and Re. S. No.632/2 to an extent of 91.5 cents in total to an extent of 99 cents in Perunchilampu Thesam, Velimalai Village, Kalkulam Taluk, Kanyakumari District by considering petitioner's representation dated 24.05.2024. 1/4

For Petitioner : Mr.R.Murugan For Respondents : Mr.R.Ragavendran Government Advocate

ORDER

Heard both sides.

2. The petitioner wants to sell the petition mentioned property. When he enquired with the registering authority, he was informed that since the encumbrance register reflects the entry that there was a sale agreement in respect of the petition mentioned property, the sale deed will not be accepted for registration. That led to filing of this writ petition.

3. The issue raised in the writ petition is no longer res itegra. The first proviso to Rule 55A of the Tamil Nadu Registration Rules has been struck down by the Hon'ble Madras High Court in the decision reported in (2023) 1 Writ LR 148 (Federal Bank Ltd Vs. The Sub Registrar and others). Therefore, reflection of the registration of the sale agreement of the year 2003 shall not come in the way of entertaining the document that may be presented by the petitioner. The petitioner should of course adhere to the other statutory and procedural registration formalities.

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4. With this observation, the Writ Petition is disposed of. No costs. 02.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To 1.The District Registrar, District Registrar Office, Kanyakumari District, Nagercoil.

2.The Sub Registrar, Thuckalay Sub Registrar Office, Thuckalay, Kanyakumari District.

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G.R.SWAMINATHAN, J.

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