Pathirakali S v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2024

CORAM

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

1.The Sub Registrar, Idaikal, Tenkasi District.

2.The Branch Manager, Indian Bank, Kadaiyanallur Branch, Tenkasi District.

3.The Tahsildar, Kadaiyanallur Taluk, Tenkasi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to Refusal Check Slip No.RFL/Idaikal/102/2024 dated 31.05.2024 and to quash the same and consequently direct the 1st Respondent to register the Memorandum of Deposit Title Deed dated 31.05.2024 in respect of S.No.461/12A3 to an extent of 4 cents at Poigai village Kadaiyanallur Taluk at Tenkasi District.

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For Petitioner : Mr.J.David Ganesan For Respondents : Mrs.D.Farjana Ghoushia, Spl. Government Pleader for R1 & R3.

Mr.C.Karthik for R2.

ORDER

Heard both sides.

2.The petitioner wants to register the memorandum of deposit of title deed executed in favour of the second respondent. The petitioner's application was rejected and the impugned refusal check slip was issued. Challenging the same, the present writ petition has been filed. 3.The learned Special Government Pleader submits that there appears to have been discrepancy between what was filed online and what was actually presented for registration.

4.If that be so, in the impugned refusal check slip, the reasons should have specifically said so. The reason set out in the impugned refusal check slip is rather cryptic and vague.

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5.In this view of the matter, it is quashed. The petitioner is permitted to re-submit the petition mentioned document. If what has been submitted in on-line mode and what has presented are one and the same, registration shall not be refused.

6.The writ petition is disposed of accordingly. No costs. 23.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 25.07.2024.

To:- 1.The Sub Registrar, Idaikal, Tenkasi District.

2.The Tahsildar, Kadaiyanallur Taluk, Tenkasi District.

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G.R.SWAMINATHAN, J.

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