Madras High CourtWP(MD)/15881/2024disposed of

Nellaikumar S v. The Sub-Registrar (District Registrar Level)

2024-07-16Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Nellaikumar ... Petitioner Vs.

The Sub-Registrar (District Registrar Level), Sub-Registrar Office Tallakulam, Integrated Complex of Registration Department, Rajagambeeram, Y.Othakadai, Madurai 625 017.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to release the petitioner's sale deed registered on 06.03.2024 as Document No.16/2024 to him within the time frame that may be stipulated by this Court based on his representation dated 30.05.2024. For Petitioner : Mr.L.Shaji Chellan For Respondent : Mrs.D.Farjana Ghoushia, Spl. Government Pleader.

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ORDER

The petitioner had purchased the petition mentioned property from one Manjula vide sale deed dated 06.03.2024. It was presented for registration before the respondent. The grievance of the petitioner is that till date, it is kept as pending document and it has not been released. That led to the filing of this writ petition.

2.When the matter was taken up for hearing, the learned Special Government Pleader informed the Court that protest petition has been received from one Radha @ Radha Krishnan. The learned counsel for the petitioner categorically asserts that till date, the petitioner has not received any notice. It is not open to the respondent herein to retain the document for such a long time. Notice must be issued. Enquiry must be held and decision should be taken expeditiously. The respondent is granted four more weeks from today ie., 16.07.2024 to dispose of the matter. The petitioner must be heard before any decision is taken. If there is no substance in the protest petition, the document must be duly released. If according to the respondent, there is substance in the protest petition, a speaking order shall be passed and the petitioner must be issued with a refusal check slip containing appropriate reasons. 2/4

3.The writ petition is disposed of accordingly. No costs. 16.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- The Sub-Registrar (District Registrar Level), Sub-Registrar Office Tallakulam, Integrated Complex of Registration Department, Rajagambeeram, Y.Othakadai, Madurai 625 017.

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G.R.SWAMINATHAN, J.

ias 16.07.2024 4/4