Manoj Adaikalaprabhakar v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD)No.18000 of 2024 Manoj Adaikalaprabhakar ... Petitioner /Vs./ The Sub-Registrar, Keezhsathanur Sub Registrar Office, Palani Nagar, LIC Colony, K.K.Nagar, Trichy - 21.

... Respondent P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records and quash the Refusal - check slip No. RFL / Keezhsathanur / 111/2024 issued by the respondent herein dated 27.08.2024 and further direct the respondent herein to register the Sale Deed dated 23.08.2024 within time frame fixed by this Court.

For Petitioner : Mr.R.Ponkarthikeyan For Respondents : Mr.P.Subburaj Additional Government Pleader 1/6

ORDER

This writ petition has been filed challenging the impugned refusal check slip dated 27.08.2024 issued by the respondent refusing to register the sale deed presented for registration by the petitioner on the ground that new patta standing in the name of the sellers has not been produced.

2. Heard Mr.R.Ponkarthikeyan, learned counsel appearing for the petitioner and Mr.P.Subburaj, learned Special Government Pleader appearing for the respondent.

3. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

4. Admittedly, as seen from the joint patta for the subject property, several names are disclosed. However, the petitioner has produced a copy of the sale deed standing in the name of the sellers' mother, who is dead and the sellers are her legal heirs. Necessarily, the respondent will have to satisfy himself as to the ownership of the property, which is the subject matter of the sale deed presented by the petitioner for 2/6

registration. Therefore, the respondent will have to enquire the petitioner and all the parties disclosed in the joint patta submitted by the petitioner, while presenting the sale deed for registration.

5. The learned counsel appearing for the petitioner has not raised any serious objection, if an enquiry is held by the respondent and all the parties disclosed in the joint patta, which pertains to a larger extent of land are enquired and thereafter, once the respondent is satisfied with regard to the genuineness of the ownership, he shall register the sale deed presented by the petitioner for registration.

6. No prejudice will be caused to any other parties, if such a procedure is followed by the respondent.

7. In the result, this writ petition is disposed of by directing the respondent to hold an enquiry and if necessary, issue notice to all the parties disclosed in the joint patta produced by the petitioner and satisfy himself about the title of the petitioner's property and if satisfied, register the sale deed presented by the petitioner for registration. The respondent 3/6

is directed to complete the aforesaid exercise within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. 06.09.2024 Index : Yes / No NCC : Yes / No sm 4/6

TO:- The Sub-Registrar, Keezhsathanur Sub Registrar Office, Palani Nagar, LIC Colony, K.K.Nagar, Trichy - 21.

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ABDUL QUDDHOSE, J.

Sm Order made in Dated:

06.09.2024 6/6