Madras High CourtWP(MD)/13617/2021disposed of

Murugan.C.S v. The Sub Registrar

2021-08-06Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P(MD)No.13617 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.13617 of 2021 C.S.Murugan ... Petitioner versus The Sub Registrar, Moolakaraipatti Sub Registrar Office, Moolakaraipatti, Tirunelveli District.

... Respondent Prayer:Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, directing the respondent to register the sale deed with regard to the survey number 762/5 situated at A.Sathankulam Village, Tirunelveli District by considering the representation dated 02.07.2021 made by the petitioner.

For Petitioner : Mr.R.J.Karthick For Respondent : Mr.R.Baskaran Counsel for state

ORDER

The petitioner seeks a registration of a sale deed with regard to the property bearing Survey No.762/5 at A.Sathankulam Village, Nanguneri Taluk, Tirunelveli District.

2. The petitioner states that the aforesaid property is owned absolutely by the petitioner and that the petitioner intends to sell the said property to one Mr.Stephen Joseph Raja. When the petitioner approached the respondent in such connection on 24.06.2021, it is stated that the registration was refused on the ground that there is an attachment pertaining to Survey No.762/5. The petitioner further states that no written communication has been received from the respondent either indicating the reasons for refusal or otherwise. The present writ petition is filed under such circumstances.

3. The registration authorities are under an obligation to receive a document for registration and either proceed to effect the registration or refuse to register the documents by indicating cogent reasons for such refusal.

4. Mr.R.Baskaran, learned counsel for the State, accepts notice on behalf of the respondent.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.13617 of 2021

5. Accordingly, without going into the merits of the matter, the respondent herein is directed to dispose of the petitioner's request for registration of the sale deed in respect of the property bearing Survey.No.762/5 by a reasoned order within a period of 30 days from the date of receipt of a copy of this order

6. W.P.(MD).No.13617 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) sbn 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 The Sub Registrar, Moolakaraipatti Sub Registrar Office, Moolakaraipatti, Tirunelveli District.

+1 CC to M/s.GP ( SR-25635[F] dated 09/08/2021 ) +1 CC to M/s.R.J.KARTHICK, Advocate ( SR-25710[F] dated 09/08/2021 ) W.P(MD)No.13617 of 2021 06.08.2021 GS (18.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2