Madras High CourtWP(MD)/24477/2023disposed of

Srikabilan R v. The Sub-Registrar

2023-12-19Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.24477 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.24477 of 2023 AND W.M.P.(MD)No.20660 of 2023

1. R.Srikabilan

2. D.Ganapathy

3. G.Sharmila ... Petitioners Vs.

1. The Sub Registrar, Kadalady Sub Registrar Office, Ramanathapuram.

2. T.S.M.Sampathkumar ... Respondents Prayer: Writ 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 impugned proceedings of the 1st respondent in refusal check slip dated 25.08.2023 in RFL/Kadalady Ramanathapuram/20/2023 and quash the same and further directing the 1st respondent to entertain the sale deed dated 25.08.2023 for registration and consequently to register and release the same. For Petitioner : Mr.M.P.Senthil For R-1 : Mr.M.Prakash, Additional Government Pleader.

For R-2 : Ms.P.Jessi Jeeva Priya * * * 1/4

2 W.P.(MD)NO.24477 OF 2023

O R D E R

Heard both sides.

2. The petitioners presented the petition-mentioned sale deeds for registration before the registering authority / first respondent. On the ground that the second respondent has raised objection, registration was refused. The same is put to challenge in this writ petition.

3. The learned counsel appearing for the second respondent submitted that the second respondent has already filed civil suit. The second respondent is given breathing time of eight weeks from the date of receipt of a copy of this order to obtain restraint order against registration. If within the said period the second respondent is unable to obtain any restraint order, the first respondent is bound to register the petition-mentioned documents, if there is no other impediment. This writ petition stands disposed of with the aforesaid liberty. No costs. Consequently, connected miscellaneous petition is closed.

19.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU Note : Issue order copy on 22.12.2023.

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3 W.P.(MD)NO.24477 OF 2023 To:

The Sub Registrar, Kadalady Sub Registrar Office, Ramanathapuram.

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4 W.P.(MD)NO.24477 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.24477 of 2023 19.12.2023 4/4