T.Selvan, S/O.Thangamani v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD). No.11602 of 2016 T.Selvan ... Petitioner Vs.

The Sub Registrar, Boothapandi, Kanyakumari District.

... Respondent Prayer:-Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondent to release the sale deed vide No.P27/2015, P75/2015 for lands situated in Sy.No.658/1, 658/2, 658/3, 659/1, 659/2, 658/6, 661/2 at Alagiyapandiyapuram Village by duly registering the same as per the Registration Act and vide the petitioner's representation dated 09.06.2016 within the time frame as fixed by this Hon'ble Court.

For Petitioner :Ms.T.Sathya Selvi For Respondents :Mr.S.Sadesh Kumar Additional Govt. Pleader

O R D E R

Heard both sides.

2. By consent, the main writ petition itself is taken up for final disposal.

3. According to the petitioner, he has filed the present writ petition praying for passing of an order in directing the respondent to release the sale deed vide Nos.P27/2015, P75/2015 for lands situated in Sy.Nos.658/1, 658/2, 658/3, 659/1, 659/2, 658/6, 661/2 at Alagiyapandiyapuram Village, by duly registering the sale deed as per the Registration Act, through his representation dated 09.06.2016, within the time determined by this Court.

4. The grievance of the petitioner is that he presented the sale deed in question as early as in the year 2015. But the respondent has failed to register the same and consequently to https://hcservices.ecourts.gov.in/hcservices/

release the same for the past 7 months. It is the stand of the petitioner that after execution of the sale deed, he is regularly paying tax and in fact, other revenue documents are also in his name, such as chitta, patta, Village A Register etc., As a matter of fact, the petitioner is approaching the respondent several times in person to register the document and to return the same and the same has not been heeded in a positive manner. The clear cut stand of the petitioner is that the respondent is intentionally keeping the document with him without any authority. Hence, the petitioner has filed the present writ petition.

5. In view of the fact that the petitioner's representation, dated 09.06.2016 is pending before the respondent/Sub Registrar, Boothapandi, Kanyakumari District, at this stage, this Court, without traversing upon the merits/contents of the representation of the petitioner, dated 09.06.2016, to secure the ends of Justice, directs the respondent/ Sub Registrar, Boothapandi, Kanyakumari District, to look into the representation of the petitioner, dated 09.06.2016, within a week from the date of receipt of a copy of this order. The respondent/ Sub Registrar, Boothapandi, Kanyakumari District is to pass a reasoned, speaking order on merits on the representation of the petitioner dated 09.06.2016, within a period of three weeks thereafter (Of-course, after providing enough opportunity to the petitioner and others concerned, by following the principles of Natural Justice). The petitioner is directed to lend his assistance and co-operation to the respondent so as to enable him to dispose of his representation in a complete and comprehensive way.

6. With the aforesaid observations and direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To The Sub Registrar, Boothapandi,Kanyakumari District.

+1cc to Mr.D.Saravanan,Advocate Sr.No.33788 +1cc to Spl.Government Pleader Sr.No.34066 vs AA/GSV-PM/06.07.2016/2p-4c Writ Petition (MD).No.11602 of 2016 29.06.2016 https://hcservices.ecourts.gov.in/hcservices/