Rajendran.M v. The Joint Sub Registrar - I
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.13249 of 2022 M.Rajendran ... Petitioner Vs 1.The Joint Sub Registrar - I, Palani, Dindigul District.
2.Ramkumar Giri ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned orders of the first respondent in ThaVa Manu.No. 07/2022 dated 10.06.2022 and the consequential refusal check slip issued in Refusal No.RFl/Palani Joint I/21/2022 dated 10.06.2022 and quash the same as illegal, consequently direct the first respondent to register the sale deed dated 03.06.2022 presented by the petitioner for registration on 10.06.2022 in respect of the property in T.S.No. 860 /1D with an extent of 2153 sq.feet nearly about 5 cents situated at Plot No.18, Ward No.3, South Giri Street, Palani Town. 1/4
For Petitioner : Mr.M.P.Senthil for Mr.D.Venkatesh For Respondents : Mr.J.K.Jeyaseelan Government Advocate for R.1 Mr.Sricharan Rangarajan for Mr.K.Gowthamkumar for R.2
ORDER
Heard the learned counsel on either side.
2. The writ petitioner presented a sale deed for registration before the first respondent. The first respondent siting decree dated 24.03.2008 in O.S.No.247 of 2003 on the file of District Munsif Court, Palani declined to register the document and issue the impugned check slip dated 10.06.2022. Challenging the same, this writ petition came to be filed.
3. It was listed for admission before me on 27.06.2022 . I ordered notice to the second respondent. In the meanwhile, the writ petitioner moved the Sub-Registrar, Vadamadurai and presented a fresh saledeed executed in favour of one Bongu Venkat Rao. The petitioner succeeded in getting the said document registered by including a piece of property falling within the territorial limits of Sub-Register, Vadamadurai. In other words, the property which could not be dealt with and which is the subject matter of this writ petition got registered on the file of Sub-Register, Vadamadurai. 2/4
4. While granting relief under article 226 of the Constitution of India, the conduct of the party is also taken into account. If the conscience of the Court is disturbed by the manner in which the writ petitioner had conducted himself or herself, then, the writ petition can be dismissed on that sole ground. Since I am more than satisfied that the writ petitioner had played with the process of this Court, I decline to grant relief. This writ petition is dismissed. No costs. 18.08.2022 Index : Yes / No Internet : Yes/ No mga To The Joint Sub Registrar - I, Palani, Dindigul District.
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G.R.SWAMINATHAN, J.
mga W.P.(MD)No.13249 of 2022 18.08.2022 4/4