Senthilkumar.P v. The Sub Registrar
W.P.(MD).No.20804 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2022
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD).No.20804 of 2021 1.P.Senthilkumar 2.Latha ... Petitioners Vs.
The Sub Registrar, Sub Registrar Office, Manapparai, Tiruchirappalli District.
... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned Refusal Check Slip in Refusal Number:RFL/Manapparai/6/2021 dated 28.10.2021 passed by the respondent herein and quash the same as illegal and further direct the respondent herein to enquire the matter by conducting a summary enquiry as mandate in the light of the Judgment reported in 2017 (3) CTC 135 and 2020 (3) CTC 785 with respect to Natham Survey No.599/2 part to an extent of 1911 square feet in T.S.No.72, Block2, Ward-D, Ward No.22, Sevalur Village, Manapparai Taluk, Trichy District and pass an order to complete the registration within a time stipulated by this Court.
For Petitioners : Mr.V.Meenakshisundaram For Respondent : Mr.S.Shanmugavel, Additional Government Pleader.
ORDER
The Writ Petition has been filed in the nature of Certiorarified Mandamus seeking interference with a refusal check slip dated 28.10.2021 passed by the respondent / the Sub Registrar, Sub Registrar office, Manapparai, Tiruchirappalli District. The registration was with respect to the lands in Natham Survey No.599/2 part measuring 1911 square feet in T.S.No.72, Block-2, Ward-D, Ward No.22, Sevalur Village, Manapparai Taluk, Trichy District.
2. In the affidavit filed in support of the Writ Petition, it had been claimed that the petitioners had presented a sale deed dated 28.10.2021 in favour of one P.S.Selvam and presented the same before the respondent / the Sub Registrar, Sub Registrar office, https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD).No.20804 of 2021 Manapparai, Tiruchirappalli District, for registration by Document No.TP/106581252/2021. This was refused to be registered by the respondent. It appears that there was an earlier order dated 14.09.2021 passed in W.P(MD).No.16373/2021, which was filed by one T.Duraisamy.
3. Let me not enter into further details of the facts as stated, since pending the Writ Petition, the District Registrar, Tiruchirappalli had commenced conducting an inquiry and Mr.V.Meenakshisundaram, learned counsel for the petitioners, stated that the petitioners and the said T.Duraisamy had participated in the inquiry. The inquiry had also been concluded and now orders will have to be passed. Depending on the order passed by the District Registrar, Tiruchirappalli, the Sub Registrar may take steps to register the document presented for registration or pass an order refusing to register the document. At any rate, if it is an order of refusal to register the document, then detailed reasons will have to be given. It is hoped that the District Registrar, Tiruchirappalli would pass orders on or before 10.02.2022.
4. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) 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 The Sub Registrar, Sub Registrar Office, Manapparai, Tiruchirappalli District.
+1 CC to M/s.D.NALLATHAMBI, Advocate ( SR-1086[F] dated 10/01/2022 ) +1 CC to M/s.SPL.GP ( SR-1004[F] dated 10/01/2022 ) W.P.(MD).No.20804 of 2021 07.01.2022 MGJ(27.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2