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Madras High CourtWP(MD)/19893/2022disposed of

Baskarapandian. K v. The Sub Registrar No.Ii

2022-08-26Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.19893 of 2022 K.Baskarapandian ... Petitioner Vs 1.The Sub Registrar No.II, Office of the Sub Registrar, Tuticorin.

2.K.Mohanraj ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to register the sale deed presented by the petitioner in favour of one Shelin wife of Razalaiyan in respect of the property situated in Town Survey No.298/21, 300/11 in ward No.2, Tuticorin Town, Tuticorin District in person to the registration application dated 12.08.2022.

For Petitioner : Mr.K.Jeyamohan For Respondents : Mr.J.K.Jeyaseelan Government Advocate for R.1 R.2 - Notice Dispensed With 1/4

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Government Advocate appearing for the first respondent.

2. Considering the nature of relief to be granted, issuance of notice to the second respondent is dispensed with.

3. The petitioner is the executant of the petition mentioned document. In other words, he is the vendor. His grievance is that based on the objections raised by the second respondent, the first respondent had kept the document pending and that he had not completed the registration formalities. It appears that the civil suit is pending but no restraint order has been obtained by the second respondent.

4. The first respondent cannot keep the issue indefinitely pending. The first respondent is directed to issue notice to the second respondent and give him a time line. If the second respondent is unable to obtain any restraint order by then the first respondent shall go ahead with the registration formalities and conclude the same. The entire exercise shall be concluded within a period of twelve weeks from the date of receipt of a copy of this order. 2/4

5. This writ petition is disposed of. No costs. 26.08.2022 Index : Yes / No Internet : Yes/ No mga To The Sub Registrar No.II, Office of the Sub Registrar, Tuticorin.

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G.R.SWAMINATHAN, J.

mga W.P.(MD)No.19893 of 2022 26.08.2022 4/4