Madras High CourtWP(MD)/16541/2023disposed of

Asaikalai v. The Sub-Registrar

2023-07-11Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD).No.16541 of 2023 Asaikalai ... Petitioner Vs 1.The Sub-Registrar, Sub-Registrar Office, Cumbum, Theni District.

2.Sanakkiyan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to dispose the petitioners representation dated 22.05.2023 within a time frame fixed by this Court. For Petitioner : Ms.P.Sepana @ Sree For R1 : Mr.D.Farjana Ghoushia Special Government Pleader 1/5

O R D E R

The petitioner has submitted a document for registration before the first respondent in the month of March 2023 and has filed this writ petition for a Mandamus, directing the first respondent to dispose of the petitioner's representation dated 22.05.2023 and register the document.

2.Today(11.07.2023), when this writ petition is taken up for hearing, the learned Special Government Pleader appearing for the first respondent submits that the petitioner submitted a document for registration by enclosing a duplicate patta. Moreover, the son of the petitioner's brother has raised certain objections for registering the document. Therefore, the document submitted by the petitioner has not been registered so far.

2/5

3.Considering the submission made by the learned Special Government Pleader, this Court is of the view that the first respondent is not supposed to retain the document submitted by the petitioner for registration. The respondent shall either register the document submitted by the petitioner by considering his representation or if it is not in order, they have to issue a refusal slip to the petitioner enabling him to challenge the same in the manner known to law. 4.In view of the above, this writ petition is disposed of with a direction to the first respondent to register the document, if it is in order. If it is not so, the respondent shall issue a refusal slip to the petitioner assigning reasons thereof. No costs. 11.07.2023 NCC : Yes / No.

Index : Yes / No.

vrn 3/5

To The Sub-Registrar, Sub-Registrar Office, Cumbum, Theni District.

4/5

B.PUGALENDHI, J.

vrn Order made in WP(MD).No.16541 of 2023 11.07.2023 5/5