Pothirajan v. The District Registrar

1 W.P.(MD)NO.27804 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.27804 of 2022 Pothirajan ... Petitioner Vs.

1. The District Registrar, Madurai District, Madurai.

2. The Sub Registrar, Alanganallur Sub Registrar Office, Alanganallur, Madurai District. ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to release the original sale deed dated 10.08.2022 registered as document No.4441 of 2022 on the basis of the petitioner's representation dated 22.09.2022. For Petitioner : Mr.V.Malaiyendran For Respondents : Mr.N.Satheeskumar, Additional Government Pleader.

* * * 1/4

2 W.P.(MD)NO.27804 OF 2022

O R D E R

Heard the learned counsel on either side.

2. The petitioner had executed a sale deed in favour of one Mr.R.Srinivasan in respect of the petition mentioned property. It appears that subsequently the petitioner's sister has filed a civil suit and as a result, the second respondent had not released the document.

3. It is not in dispute that the registration formalities are over. The petitioner's sister has also not obtained any interim order before the jurisdictional civil court. In these circumstances, the second respondent cannot withhold the document. The second respondent is directed to release the petition mentioned document immediately and without any delay.

4. This writ petition stands allowed. No costs. 16.12.2022 Index : Yes / No Internet : Yes/ No PMU 2/4

3 W.P.(MD)NO.27804 OF 2022 To:

1. The District Registrar, Madurai District, Madurai.

2. The Sub Registrar, Alanganallur Sub Registrar Office, Alanganallur, Madurai District.

3/4

4 W.P.(MD)NO.27804 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.27804 of 2022 16.12.2022 4/4