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Madras High CourtWP(MD)/20507/2019withdrawn dismissed

S.Kadhar Basha v. The Sub-Registrar

2019-10-01Honourable Mr Justice M. Sundar2 pages

W.P.(MD)No.20507 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.(MD)No.20507 of 2019 S.Kadhar Basha ... Petitioner Vs.

1.The Sub-Registrar, Sub-Registrar's Office, Thuraiyur, Thuraiyur Taluk, Trichy District.

2.The District Registrar, District Registrar's Office, Ariyalur, Ariyalur District.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to first respondent's "Refusal Check Slip" dated 30.08.2019, quash the same and further direct the first respondent to register the release deed dated 29.08.2019 which has been presented by petitioner before him within a stipulated period as may be fixed by this Court. For Petitioner : Mr.R.Sundar For Respondents : Mr.V.Anand Government Advocate

ORDER

Mr.R.Sundar, learned Counsel on record for writ petitioner and Mr.V.Anand, learned Government Advocate, who has accepted notice on behalf of both respondents are before this Court.

2. After some arguments, learned Counsel for writ petitioner sought permission to withdraw instant writ petition, but made a request that the rights of writ petitioner to prefer a statutory appeal under Section 72 of the Registration Act, 1908 (said Act) and Rule 166 of the Tamil Nadu Registration Rules, 1983 (said Rules) assailing the impugned refusal slip, which has been called in https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.20507 of 2019 question in the instant writ petition.

3. Learned Counsel for writ petitioner has made an endorsement to this effect in the case file.

4. Permitted to withdraw.

5. Writ Petition is dismissed as withdrawn, albeit preserving the rights of writ petitioner to prefer a statutory appeal in the aforesaid manner. There shall be no order as to costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) SSL To 1.The Sub-Registrar, Sub-Registrar's Office, Thuraiyur, Thuraiyur Taluk, Trichy District.

2.The District Registrar, District Registrar's Office, Ariyalur, Ariyalur District.

+1 cc Mr.R.SUNDAR ,Advocate, SR.No. 90794 +1cc to M/s.Special Government Pleader,SR.No. 91213 W.P.(MD)No.20507 of 2019 01.10.2019 KK/SAR/18.10.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2