Madras High CourtWP(MD)/6067/2011disposed of

S. Raja, S/O.Subburam, v. The Sub Registrar Joint No.1,

2017-10-31Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.6067 of 2011 and M.P.(MD) No.1 of 2011 S.Raja ... Petitioner -vs1. The Sub-Registrar Joint No.1, Office of the Sub-Registrar, Karaikudi, Sivagangai District.

2. Palani @ Palaniappan ... Respondents (R2 impleaded by order dated 07.08.2017) Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to receive the document of sale deed dated 01-10-2010 for registration and register the same.

For Petitioner : Mr.T.Srinivasaraghavan For R1 : Mr.M.Alagathevan Spl. Govt. Pleader For R2 : Mr.T.Chandrasekaran

O R D E R

This writ petition has been filed, seeking a direction to the 1st respondent to receive the document of sale deed dated 01.10.2010 and register the same.

2. Heard the learned counsel for the parties.

3. The case of the petitioner is that he and the 2nd respondent had presented a sale document dated 01.10.2010 for registration, which was refused to be accepted by the 1st respondent stating that the settlement deed in favour of R2 had been unilaterally cancelled by the mother of the vendor. Hence, the 1st respondent has neither accepted the deed for registration nor passed any order to that effect, thereby curtailing the petitioner's right to file an appeal. Aggrieved by the same, the petitioner is before this Court.

4. In this case, the petitioner only wants the 1st respondent to pass any orders, after receipt of the document for registration, which, in the considered opinion of this Court, is reasonable. Under such circumstances, the petitioner is hereby directed to produce the original deed before the 1st respondent for registration within a https://hcservices.ecourts.gov.in/hcservices/

period of two weeks from the date of receipt of a copy of this order and on the same being received, the 1st respondent shall register or pass appropriate orders thereon on merits and in accordance with law, within a period of four weeks thereafter.

5. With the above direction, this petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To:

The Sub-Registrar Joint No.1, Office of the Sub-Registrar, Karaikudi, Sivagangai District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 84813 AR JS/SV.MMS/SAR.1/15.11.2017/2P-3C W.P(MD) No.6067 of 2011 31.10.2017 https://hcservices.ecourts.gov.in/hcservices/