Shanthi K v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH K.Shanthi ... Petitioner -vs1.The District Registrar, Registration Department, Karur District, Karur.

2.The Sub Registrar (Joint-II) Karur, Karur District.

3.The Executive Officer, Vennaimalai Arulmigu Balasubramaniya Swamy Thirukovil, Manmangalam Taluk, Karur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to consider petitioner's representations/Appeals, dated 27.10.2021 and 20.11.2021 and register and release petitioner's sale deed bearing No.P201200044 relating to land in Survey No.239/3, New Subdivision Survey No.239/3A in which house Plot No.28 measuring to an extent of 1200 (Eastern side) out of 2400, situated at Kathaparai Village, Manmangalam Taluk, Karur District. 1/5

For Petitioner :

Mr.V.Sukumar For R1 and R2 :

Mr.K.S.Selvaganesan Additional Government Pleader For R3 :

Mr.P.Athimoola Pandian

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the first respondent to deal with the appeals/representations made by the petitioner on 27.10.2021 and 20.11.2021, as against the refusal slip issued by the second respondent, refusing to register the sale deeds that were presented for registration.

2. Heard the learned counsel appearing on behalf of the petitioner, the learned Additional Government Pleader appearing on behalf of the respondents 1 and 2 and the learned counsel appearing on behalf of the third respondent.

3. The second respondent had refused to register the documents on the ground that objections have been raised by the Temple. 2/5

4. Taking into consideration the facts and circumstances of the case, there shall be a direction to the first respondent to deal with the appeals filed by the petitioner on 27.10.2021 and 20.11.2021 in the light of the judgment of the Division Bench of this Court in Sudha Ravi Kumar vs. The Special Commissioner & Commissioner, H.R. & C.E. Department and another reported in 2017 (3) CTC 135 and particularly, Paragraph No.25 of the judgment. While undertaking this exercise, the first respondent shall give an opportunity to the petitioner and the third respondent. Orders shall be passed within a period of 12 weeks from the date of receipt of a copy of this order.

5. This Writ Petition is disposed of with the above direction. No costs. NCC : Yes/No 20.11.2023 Index : Yes/No SMN2 To 1.The District Registrar, Registration Department, Karur District, Karur.

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2.The Sub Registrar (Joint-II) Karur, Karur District.

3.The Executive Officer, Vennaimalai Arulmigu Balasubramaniya Swamy Thirukovil, Manmangalam Taluk, Karur District.

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N.ANAND VENKATESH, J.

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