Jeyakrishna v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Jeyakrishna ... Petitioner Vs.

1.The District Registrar, District Registrar Office, 171, Palace Road, Madurai South, Madurai District - 625 001.

2.The Sub-Registrar, Sub-Registrar Office, Kallikkudi, Madurai District.

3.S.Shangappan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the second respondent to receive and register the petitioner sale deed, dated 07.10.2021 with regard to the third respondent property bearing Survey No.31/1A2-Patta No.2727, an extent of hectare 0.27.00 (66 cents), situated at K.Vellakulam Beat - 2, Kallikudi Taluk, Madurai District.

For Petitioner : Mr.R.Murugappan For R-1 and R-2 : Mr.K.S.Selva Ganesan, Counsel for State.

ORDER

The petitioner seeks a direction to the second respondent to receive and register the sale deed dated 07.10.2021 executed by the third respondent in favour of the petitioner in respect of the property bearing Survey No.31/1A2.

2.The petitioner states that the third respondent purchased the property bearing Survey No.31/1A2 at K.Vellakulam Beat, Kallikudi Taluk, Madurai District admeasuring 66 Cents by a registered sale deed dated 16.11.2009. The petitioner also cites the patta issued to the third respondent in support of the petition. The petitioner alleges that in spite of presenting the sale deed for registration before the second respondent on 07.09.2021, the second respondent refused to receive the same. The Writ Petition is filed in the said facts and circumstances.

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3.Mr.K.S.Selva Ganesan, learned counsel for the State, accepts notice on behalf of the first and second respondents. He submits that the petitioner has not produced any evidence that the sale deed was presented by following requisite procedures in such regard. Without prejudice, he submits that if the petitioner submits the sale deed for registration in accordance with prescribed procedures, the same would be considered and disposed of within a period of thirty (30) days from the date of receipt thereof. 4.In view of the above submissions, W.P.(MD).No.18919 of 2021 is disposed of by permitting the petitioner and the third respondent to submit the sale deed dated 07.10.2021 for registration before the second respondent in compliance with the prescribed procedure in such regard.

The said sale deed shall be submitted in the manner aforesaid within a period of two (2) weeks from the date of receipt of a copy of this order. Upon receipt thereof, the second respondent is directed to initiate action on such application and either register the sale deed or issue a reasoned order indicating the reasons for refusal to do so. In either case, the process shall be completed within a period of thirty (30) days from the date of receipt of the relevant document as per prescribed procedures. There will be no order as to costs.

Sd/- Assistant Registrar (A.D I) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg/nsr/lm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Registrar, District Registrar Office, 171, Palace Road, Madurai South, Madurai District - 625 001.

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2.The Sub-Registrar, Sub-Registrar Office, Kallikkudi, Madurai District.

+1 CC to M/s.SPL.GP ( SR-32860[F] dated 27/10/2021 ) 26.10.2021 DKS(CO) RS/UV (09.11.2021) 3P 4C 3/3