Sakthivel v. The Inspector General Of Registration

W.P.(MD)No.26430 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2019

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.26430 of 2019 Sakthivel ... Petitioner vs.

1.The Inspector General of Registration, Registration Department, No.100, Santhome Main Road (Highway), Pattinampakkam, Chennai -28.

2.The District Registrar, District Registrar Office, Tirunelveli.

3.The Sub Registrar, Parkitmanagaram Sub Registrar Office, Parkitmanagaram, Palayamkottai Taluk, Tirunelveli District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to register the sale deed, dated 28.02.2006, of the petitioner's land in S.Nos.140 and 140/4 situated at Palayamchetticulam Village, Parkitmanagaram, Palayamkottai, Tirunelveli District based on the petitioner's representation, dated 10.10.2019 within a time frame fixed by this Court. For Petitioner :Mr.C.Ezhilarasu For Respondents :Mr.V.Anand Government Advocate ***

O R D E R

This Writ Petition is filed for issuing a Writ of Mandamus to direct the respondents to register the sale deed, dated 28.02.2006 in respect of the petitioner's land in S.Nos.140 and 140/4 situated at Palayamchetticulam Village, Parkitmanagaram, Palayamkottai, Tirunelveli District based on the petitioner's representation, dated 10.10.2019 within a time frame fixed by this Court. 2.By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.26430 of 2019 3.The petitioner states that he has purchased the land in S.Nos.140 and 140/4 situated at Palayamchetticulam Village, Parkitmanagaram, Palayamkottai, Tirunelveli District, from one Ramasamy and the same was registered as document No.185/2006. Since the petitioner wants to sell the property, it is stated by the petitioner that the Sub Registrar refused to register the document on the ground that there is an objection by third party. However, no order is passed or communicated, why the petitioner's document cannot be registered.

4.The petitioner has not produced before this Court, the sale deed, which was executed by him. Therefore, this Court cannot assume that the petitioner has presented the document for registration. However, if a document is presented for registration, the third respondent shall consider the representation of the petitioner and he is expected to pass a speaking order, in case there are reasons for refusing to register the document of the petitioner.

5.With the above observations, this Writ Petition is closed. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) cmr To 1.The Inspector General of Registration, Registration Department, No.100, Santhome Main Road (Highway), Pattinampakkam, Chennai -28.

2.The District Registrar, District Registrar Office, Tirunelveli.

3.The Sub Registrar, Parkitmanagaram Sub Registrar Office, Parkitmanagaram, Palayamkottai Taluk, Tirunelveli District.

+2 CC to M/s.R.MANOHARAN, Advocate ( SR-104635[F] dated 12/12/2019 ) ( SR-104637[F] dated 12/12/2019 ) +1 CC to M/s.SPL GP ( SR-105058[F] dated 16/12/2019 ) W.P.(MD)No.26430 of 2019 12.12.2019 KK/SAR/03.01.2020/2P-7C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2