Arivalagan .T v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.(MD)No.17013 of 2024 T.Arivalagan ... Petitioner /Vs./ 1.The District Registrar, Pudukottai, 2.No.1, Joint Sub Registrar, Joint Sub Registrar Office, Pudukottai, 3.C.Kumari ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating with the impugned refusal check clip dated 23.02.2024 in P/No.1 Joint Sub-Registrar Pudukottai/18/2024 of the 2nd respondent and quash the same as illegal and consequently directing the 2nd respondent to register the sale deed dated 23.02.2024 presented by the petitioner. 1/6

For Petitioner : Mr.G.Hari Haran For Respondents : Mr.S.P.Maharajan (R1 & R2) Special Government Pleader

ORDER

This writ petition has been filed challenging the impugned refusal check slip dated 23.02.2024 issued by the second respondent on the ground that the third respondent made objections to registration of the sale deed presented by the petitioner in respect of the property comprised in S.No.3/5B, subdivided into S.No.3/5B2, measuring to an extent of 0.09.00 ares 900 sq.m., situated at Kaikurichi Village, Alangudi Taluk,

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

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3. The subject property was purchased by the petitioner from one Bhavani vide registered sale deed dated 27.07.2023. The petitioner obtained patta for the subject property under patta No.1808. Thereafter, the petitioner has executed the sale deed in favour of one Kalaiyarasi on 23.02.2024 and presented the same for registration before the second respondent. However, it was kept pending as pending Document No.P18/2024 on the objections raised by the third respondent.

4. On perusal of the objections raised by the third respondent, she is also claiming title over the subject property and therefore, the second respondent refused to register the document and issued refusal check slip.

5. In view of the above, the petitioner is directed to re-present the sale deed for registration. On receipt of the same, the second respondent is directed to issue notice to the petitioner and the third respondent and pass orders on the objections raised by the third respondent, after affording opportunity of hearing to the petitioner and the third 3/6

respondent, on merits and in accordance with law, within a period of four weeks from the date of re-presentation of the sale deed.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 13.11.2024 NCC : Yes / No Sm 4/6

TO:- 1.The District Registrar, Pudukottai, 2.No.1, Joint Sub Registrar, Joint Sub Registrar Office, Pudukottai, 5/6

G.K.ILANTHIRAIYAN , J.

Sm Order made in Dated:

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