Praman.G v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN G.Praman ... Petitioner Vs.

The Sub-Registrar, Joint-II Sub-Registrar Office, Tenkasi.

... 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 records in impugned check slip dated 06.12.2023 on the file of the respondent and quash the same as illegal, consequently direct the to register sale deed dated 01.12.2023 forthwith.

For Petitioner : Mr.S.Selvakrishnan For Respondent : Mr.R.Ragavendran, Government Advocate.

ORDER

Heard both sides.

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2.The petitioner wants to purchase the petition mentioned land from his vendors by name Syed Masood, K.Rahman Khan and K.Imran Khan. The petitioner's vendors had purchased the property vide sale deed dated 29.10.2019. It was registered as Document No.4327/2019 on the file of the respondent. The document also contains the description that it is a house site. Section 23A(2) of the Registration Act, 1908 reads as follows: 23A. Re-registration of certain documents.

have been duly registered for all purposes from the date of its original registration:

Provided that, within three months from the twelfth day of September, 1917, any person claiming under a document to which this section applies may present the same or cause the same to be presented for re-registration in accordance with this section, whatever may have been the time when he first became aware that the registration of the document was invalid. 3.The amendment came into force on 20.10.2016. The petitioner's vendors had not obtained any approval from the planning authority concerned. Therefore, the very registration of Document No.4327/2019 appears to be contrary to law. Therefore, the petitioner has to necessarily obtain what is called as "plot regularization". Only after getting proper approval from the concerned authority, the document in question can be re-presented and registered and not till then.

4.With this liberty to the petitioner to work out his rights in the manner known to law, this writ petition is disposed of. No costs. 25.06.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

ias To:- The Sub-Registrar, Joint-II Sub-Registrar Office, Tenkasi.

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