Elango v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Elango ... Petitioner Vs., The Sub Registrar, Vedachendur, Dindigul District.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the proceedings of the respondent refusal slip No.RFL/Vedachendur/158/2024 dated 30.09.2024 and quash the same as illegal and consequently direct the respondent to register sale deed and other documents in respect of the property comprised in Old S.No. 189/2 New S.No.189/2A, having an extent of Acre 1 and 40 cents situated in Sullurambu Village, Dindigul West Taluk, Dindigul District. For Petitioner : Mr.R.Murali For R-1 : Mr.R.Baskaran Additional Advocate General assisted by Mr.M.Siddharthan 1/4

O RDER Challenging the impugned refusal check slip issued by the respondent vide refusal slip No.RFL/Vedachendur/158/2024 dated 30.09.2024, this writ petition has been filed.

2. Heard both sides.

3. When the matter came up for admission on 04.10.2024, this Court passed the following order:

"This Court by order dated 13.08.2024, in W.P(MD).No. 14243 of 2022, has held that temple has no right and negatived the objections and also directed the registering authority to register the power of attorney in respect of the subject property. This Court has elaborately dealt with various proceedings between the temple and the title holder and passed such order. Based on the said order, the power of attorney has been registered.

2. Now, when the petitioner presented the sale deed for registration in respect of the subject property, the same was 2/4

refused by holding that the order of this Court only with regard to power of attorney, not to the sale deed . The very impugned order itself clearly indicate that it is deliberate disobedience of the order of this Court. Hence, this Court is inclined to issue statutory notice to the concerned Sub Registrar as to why action should not be initiated for disobedience of the order of this Court.

3. The Sub Registrar, Vedachendur, Dindigul District, is directed to be present before this Court on the next hearing.

4. Post this matter on 21.10.2024."

4.

Today (i.e., 21.10.2024), S.Dhatchinamoorthy, Sub Registrar, Vedachendur, Dindigul District/ respondent herein, is present before this Court and submit that inadvertently he committed mistake and also, expressed his apology. Further, he submits that the document presented by the petitioner will be registered. This statement is recorded.

5. In view of the above, the impugned order passed by the respondent in refusal slip No.RFL/Vedachendur/158/2024, dated 30.09.2024, is hereby set aside. Accordingly, this Writ Petition is allowed. The respondent is directed to register 3/4

N.SATHISH KUMAR , J.

Rmk the petition mentioned document within a period of one week from the date of receipt of a copy of this order. No costs.

21.10.2024 NCC : Yes/No Index : Yes/No Rmk To The Sub Registrar, Vedachendur, Dindigul District.

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