Madras High CourtWP(MD)/27351/2023disposed of accordingly

Balamurugan S v. The Sub Registrar

2024-10-16Honourable Mr Justice N. Sathish Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 16/10/2024

CORAM

The Hon`ble Mr.Justice N.SATHISH KUMAR and WMP(MD) No.23502 of 2023 Balamurugan S ... Petitioner Vs

1. The Sub Registrar, Kalugumalai..

2. Gengalakshmi .G, W/o. Dhanapal, No. 402/2, Cross Street, Palanganatham, Madurai..

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings issued by the 1st respondent in his proceedings No. Nil dated 04.07.2022 and quash the same and consequently direct the 1st respondent to accept the document which was refused vide RFL/1/2022 which was registered vide pending Document No. 1 of 2022-P-2/2022 on 11.01.2022 executed in favour of the petitioner on 22.09.2021 and to carry out the necessary entries in the index.

For Petitioner : M/s.Sankar Ganesh N, For Respondents : Mr.M.Siddharthan Additional Government Pleader 1/4

ORDER

The writ petition has been filed challenging impugned order of the 1st respondent dated 04.07.2022 and consequently direct the 1st respondent to accept the document which was refused and to carry out the necessary entries in the index.

2. It is seen that through the impugned order, it has been informed by the 1st respondent that the document has already been refused to be registered, which was ready to be served on the petitioner and hence, the petitioner was directed to get back the documents in person. Challenging the said communication alone, the petitioner is before this Court with this writ petition.

3. The said impugned order is only a communication and not an order. Hence, the petitioner shall approach the 1st respondent and get back the documents, in which case, the first respondent shall give a reason for refusal. Liberty is granted to the petitioner to challenge the said order of refusal, if any.

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4. With the above observation, the writ petition is disposed of. No costs. Consequently connected Miscellaneous Petition is closed. 16.10.2024 NCC : Yes/No Index : Yes/No RR TO The Sub Registrar, Kalugumalai..

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N.SATHISH KUMAR,J RR

ORDER

IN WP(MD) No.27351 of 2023 Date : 16/10/2024 4/4