P.Ammavasi v. The Sub-Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.(MD)No.88 of 2025 P.Ammavasi ... Petitioner /Vs./
1. The Sub-Registrar Cumbum, Theni District.
2. The Competent Authority Government of India, Office of the Competent Authority, Smugglers and Foreign Exchange Manupulators (Forfeiture of Property) Act, 1985 Narcotic Drugs and Psychotropic Substances Act, 1985 Sasthiri Bhawan, New Building Complex, 4th Floor, No.26, Hawdose Road, Nungambakkam, Chennai-600 006.
... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned refusal check slip in his Ref. RFL Cumbum/24/2024 dated 13.11.2024 issued by the first respondent and quash the same and further directing him to register the sale deed presented on 16.09.2024 in 1/5
the name of Vinothkumar in respect of the property situated in S.No. 1662 corresponding to R.S.No. 1662/2 measuring to an extent of 1.27 Acres within the period that may be stipulated by this Court. For Petitioner : Mr.D.Malaichamy For Respondents : Mr.M.Sarangan Additional Government Pleader for R1 : Mr.K.Govindarajan Additional Solicitor General of India for R2
ORDER
This writ petition has been filed challenging the refusal check slip issued by the first respondent dated 13.11.2024, thereby refused to register the sale deed which was presented for registration for the property comprised in S.No. 1662 corresponding to R.S.No. 1662/2 measuring to an extent of 1.27 Acres.
2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3. The petitioner had purchased punja land comprised in S.No. 1662 corresponding to R.S.No.1662/2 measuring to an extent of 1.27 Acres situated at Ettalmudangi, Cumbum, Theni District, vide sale deed 2/5
31.01.1987 in Document No.267/1987. He also purchased another property comprised in S.No. 1662 corresponding to R.S.No. 1662/1, to an extent of 66 cents situated at Ettalmudangi, Cumbum, Theni District, vide sale deed 02.03.1987, in Document No.552/1987. The petitioner was issued patta for the said land. While being so, The petitioner intended to sell the property comprised in S.No. 1662 corresponding to R.S.No. 1662/2 to an extent of 1.27 Acres and had executed sale deed in favour of one V.Vinothkumar, which was presented for registration before the first respondent. However, the first respondent refused to register the same on the ground that the second respondent already submitted objection, thereby preventing the first respondent from register any of the deed of conveyance in respect of the property comprised in S.No.
1662 to an extent of 1.04 Acres was already attached and as such, the first respondent rightly refused to register any deed of conveyance comprised in S.No. 1662 corresponding to R.S.No. 1662/2, to an extent of 1.27 Acres situated at Ettalmudangi, Cumbum, Theni District.
4. In view of the above, this Court finds no infirmity or illegality in the order passed by the first respondent and the writ petition is devoid of merit and the same is liable to be dismissed. 3/5
5. Accordingly, this Writ Petition stands dismissed. However, if the order of attachment is raised, the petitioner is at liberty to re-present the sale deed for registration. No costs.
06.01.2025 Internet : Yes/No NCC : Yes / No LS To:-
1. The Sub-Registrar Cumbum, Theni District.
2. The Competent Authority Government of India, Office of the Competent Authority, Smugglers and Foreign Exchange Manupulators (Forfeiture of Property) Act, 1985 Narcotic Drugs and Psychotropic Substances Act, 1985 Sasthiri Bhawan, New Building Complex, 4th Floor, No.26, Hawdose Road, Nungambakkam, Chennai-600 006.
4/5
G.K.ILANTHIRAIYAN , J.
LS Order made in W.P.(MD)No.88 of 2025 Dated:
06.01.2025 5/5