Ayyadurai v. The District Registrar
1 W.P.(MD)NO.27362 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.27362 of 2023 Ayyadurai ... Petitioner Vs.
1. The District Registrar, Registration Department, Virudhunagar District, Virudhunagar.
2. The Joint II Sub Registrar, Joint II Sub Registrar Office, Virudhunagar Taluk and District.
3. Vellaisamy
4. Subramanian
5. Alagarsamy ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to issue necessary direction to the 2nd respondent to register the document which would be presented by the petitioner for registration in respect of the property situated in S.No.86/5, Kadambankuma Village, Virudhunagar Taluk and District measuring an extent of 0.83.00 hectares i.e., 2 acre and 5 cents by following the 1/4
2 W.P.(MD)NO.27362 OF 2023 guidelines framed by the Inspector General of Registration, Chennai vide Circular in Na.Ka.No.39708/C1/2018 dated 04.10.2018 by considering the petitioner's representation dated 27.10.2023.
For Petitioner : Mr.G.R.Satish For R-1 & R-2 : Mr.S.Ra.Ramachandran, Additional Government Pleader.
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O R D E R
Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for respondents 1 and 2.
2. Issuance of notice to the private respondents is dispensed with.
3. The petitioner wants to sell the petition-mentioned property in favour of one Parvathi. The sale deed was presented before the second respondent on 03.07.2023. The case of the petitioner is that because of the objections raised by the private respondents, the document is not being entertained.
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3 W.P.(MD)NO.27362 OF 2023
4. It is well settled that as and when such objections are received, enquiry must be held as per the norms laid down in the circular dated 04.10.2018 issued by the IG of Registration. The second respondent cannot orally decline to receive the document. If according to the second respondent, the document cannot be registered, then he must issue refusal check slip to that effect.
5. With this direction to the second respondent and granting liberty to the petitioner to re-present the document in question, this writ petition stands disposed of. No costs. 17.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:
1. The District Registrar, Registration Department, Virudhunagar District, Virudhunagar.
2. The Joint II Sub Registrar, Joint II Sub Registrar Office, Virudhunagar Taluk and District.
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4 W.P.(MD)NO.27362 OF 2023 G.R.SWAMINATHAN,J.
PMU W.P.(MD)No.27362 of 2023 17.11.2023 4/4