Madras High CourtWP(MD)/20967/2022disposed of

Nandhini.P v. The Sub Registrar

2022-09-02Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN P.Nandhini ... Petitioner Vs.

1.The Sub Registrar, Office of the Sub Registrar, Vilathikulam, Thoothukudi District.

2.Dharmaraj ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to register the sale deed executed by the petitioner through her power agent in favour of one M.Ramu S/o.Murugesan in respect of the properties situated in S.No.275/1B1A, S.No.276/1C1, S.No.276/1C2, S.No.276/1A1 and S.No.276/1B situated in Vembur Village, Vilathikulam Taluk, Thoothukudi District in pursuant to the application for registration dated 06.04.2022. For Petitioner : Mr.K.Jeyamohan For Respondents : Mr.K.S.Selva Ganesan, Addl. Government Pleader for R1.

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ORDER

Heard the learned counsel for the writ petitioner and the learned Additional Government Pleader for the first respondent. Considering the nature of relief to be granted, issuance of notice to the second respondent is dispensed with.

2.The petitioner has presented the petition mentioned sale deed for registration. According to the writ petitioner, the first respondent citing the objections received from the second respondent has declined to register the documents.

3.The petitioner is permitted to re-present the document in question. The first respondent shall issue notice to the second respondent and seek to know if the second respondent had obtained any restraint order from the jurisdictional civil Court. If the second respondent has obtained restraint order, the first respondent has to go by the order of the civil Court. If no restraint order has been obtained, if there is no other legal impediment, the first respondent shall register the document subject to fulfilment of other usual formalities. 2/4

4.The writ petition is disposed of accordingly. No costs. 02.09.2022 Index : Yes / No Internet : Yes/ No ias To:

The Sub Registrar, Office of the Sub Registrar, Vilathikulam, Thoothukudi District.

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G.R.SWAMINATHAN, J.

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