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Madras High CourtWP(MD)/17305/2025allowed

Sipa v. The District Registrar

2025-07-02Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Sipa ... Petitioner Vs

1. The District Registrar, Tenkasi District, Tenkasi.

2. The Sub-Registrar, Panpozhi Sub-Registrar Office, Tenkasi District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.939/Aa1/2025 dated 16.06.2025 passed by the first respondent confirming the order passed by the second respondent in Na.Ka.No.28/SaPaA/2025 dated 17.02.2025 and quash the same as arbitrary, unlawful, consequently directing the second respondent to register and release the sale deed dated 12.02.2025 kept as pending document No. (P/Panpozhi/7/2025) on his file.

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For Petitioner : Mr.S.Kishore Kumar For Respondents : Mr.D.Sasikumar Additional Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned order dated 16.06.2025 and consequently direct the respondents to register the sale deed 12.02.2025.

2. Through the impugned order, the respondents refused to register the sale deed on the ground that the document is against the provisions of Section 22-A of the Registration Act.

3. This Court had directed the petitioner to produce an Encumbrance Certificate to verify whether any sale deed had been registered prior to the cut-off date. Today, the petitioner has produced the said Encumbrance Certificate. On verification, it is seen that in Survey No.306/2B, several documents have been registered, especially documents were registered on 20.01.2016, which is prior to the cut-off date. Hence, the impugned order is set aside. The respondents are directed to register the sale deed dated 12.02.2025, within a period of four (4) weeks from the date of receipt of a copy of this order. 2/4

4. With the above said directions, this Writ Petition is allowed. There shall be no order as to costs.

02.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

1. The District Registrar, Tenkasi District, Tenkasi.

2. The Sub-Registrar, Panpozhi Sub-Registrar Office, Tenkasi District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 02.07.2025 4/4