Paulraj v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2024

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN Paulraj, Special Power Agent of Aadhi Penthacosthe Sathya Sabhai.

... Petitioner Vs.

The Sub Registrar, Panagudi Sub Register Office, Tirunelveli District.

... Respondent 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 relating to the impugned order of the respondent in Refusal Number:RFL/Panagudi/71/2023 dated 14.11.2023 and quash the same as illegal and consequently direct the respondent to register the sale deed dated 14.11.2023 executed by this petitioner in favour of one Mr.Alan James Brites in respect of 6.74 cent situated in Survey No.2598/6 (Old Survey No.862) of Perungudi Village - Part-1, Vadakkan Kulam Panchayat, Radhapuram Taluk, Tirunelveli District.

For Petitioner : Mr.V.S.Kishok Kumar For Respondent : Mr.S.Shanmugavel Additional Government Pleader 1/4

ORDER

Heard both sides.

2. The petitioner is a Trust. The petitioner wants to sell the petition mentioned property. The respondent has refused for registration of the sale deed and a refusal check slip has been issued. Challenging the same, the present Writ Petition is filed.

3. I do not want to interfere with the impugned order. The petitioner is however permitted to move the jurisdictional Civil Court. If the jurisdictional Civil Court grants permission to the petitioner to sell the property, the respondent is bound to abide by the same. In other words, the impugned refusal check slip will abide by the order to be obtained by the petitioner before the jurisdictional Civil Court.

4. This Writ Petition is disposed of accordingly. There shall be no order as to costs.

26.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm 2/4

To The Sub Registrar, Panagudi Sub Register Office, Tirunelveli District.

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G.R.SWAMINATHAN, J.

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