Basanthibai.J v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH J.Basanthibai ... Petitioner vs.

The Sub Registrar, Vadipatti Sub Registrar Office, Vadipatti, Madurai.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to accept the explanation given by the petitioner and register the sale deed executed by the petitioner in respect of S.No.1/84A in Neerethan village, Vadipatti conduct enquiry as early as possible in Na.Ka.No.G5/638/2016 within time stipulated by this Court.

For Petitioner :Mr.M.S.Senthil Kumar For Respondent :Mr.A.K.Manikkam Special Government Pleader ***** 1/4

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the respondent to register the sale deed executed by the petitioner and to release the document.

2.When the matter was taken up for hearing, the learned Special Government Pleader appearing on behalf of the respondent submitted that one of the daughter of the petitioner made an objection and hence, the sale deed was not registered.

3.If any objection is made for registration of the sale deed, the respondent is expected to deal with the objection and to pass orders under Section 71 of the Indian Registration Act, 1908, if the Sub Registrar refuses to register the document. On the other hand, if no ground is made for refusing to register the document, the respondent has to necessarily register the same subject to the fulfillment of the other requirements. In either way, the respondent shall take a decision within a period of four weeks from the date of receipt of a copy of this order. 2/4

4.This Writ Petition is disposed of in the above terms. No costs. Index :Yes / No 15.11.2023 Internet :Yes / No NCC :Yes / No cmr To The Sub Registrar, Vadipatti Sub Registrar Office, Vadipatti, Madurai.

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N.ANAND VENKATESH, J.

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