Citation : 2021 Latest Caselaw 20914 Mad
Judgement Date : 20 October, 2021
W.P.No.22140 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2021
CORAM:
THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN
W.P.No.22140 of 2021
K.Rajaram ...
Petitioner
Vs.
1. The Inspector General of Registration,
Inspector General Office,
No.120, Santhome High Road,
Chennai – 600 026.
2. The District Registrar,
Sankarapuram Taluk,
Kallakurichi District.
3. The Sub-Registrar,
Sub-Registrar Office,
Sankarapuram Taluk,
Kallakurichi District.
4. Manikandan ...
Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
Page No.1 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.22140 of 2021
praying to issue a Writ of Certiorarified Mandamus, calling for the
records of the 3rd respondent pertaining to the Check Slip dated
30.09.2021 and quash the same and consequently, to direct the 3rd
respondent to register and release the Sale Deed dated 30.09.2021 in
respect of the land situated in S.F.No.26/4 at K.Unnamalaipalayam
Village, Thandarampattu Taluk, Thiruvanamalai District.
For Petitioner : Mr.P.Valliappan
M/s.PV. Law Associates
For RR 1 to 3 : Mr.V.Veluchamy
Government Advocate.
ORDER
This writ petition has been filed for issuance of Writ of
Certiorarified Mandamus, calling for the records of the 3rd respondent
pertaining to the Check Slip dated 30.09.2021 and quashing the same
and consequently, directing the 3rd respondent to register and release the
Sale Deed dated 30.09.2021 in respect of the land situated in S.F.No.26/4
at K.Unnamalaipalayam Village, Thandarampattu Taluk, Thiruvanamalai
https://www.mhc.tn.gov.in/judis W.P.No.22140 of 2021
District.
2. The petitioner intends to register the judgment and decree in
O.S.No.741 of 2018, dated 06.09.2021 without the production of parent
documents, the Sub Registrar, Sub Registrar Office, Sankarapuram Taluk
and Kallakurichi District, had refused to register the same and directed
the petitioner to produce the parent documents as contemplated in the
Circular No.18339/C1/2012, dated 25.04.2012 issued by the first
respondent namely The Inspector General of Registration, Santhome High
Road, Mylapore, Chennai - 600 004. Aggrieved by the same, the present
writ petition has been filed by the petitioner.
3. The learned counsel appearing for the petitioner submitted that
he was not in a position to produce the same at the time of registration
and as per the Circular issued by the first respondent. Despite the same,
the third respondent namely Sub Registrar refused to register the
judgment and decree.
https://www.mhc.tn.gov.in/judis W.P.No.22140 of 2021
4. Considering the above circumstances and the fact that the
petitioner has complied with the Circular issued by the first respondent
referred to above and also produced the parent and required documents,
the third respondent/Sub Registrar herein is hereby directed to consider
the petitioner's sale deed dated 30.09.2021 and if the petitioner has
complied with all the requirements as contemplated in the above said
Circular dated 25.04.2012, the third respondent/Sub Registrar is directed
to register the sale deed and release the said document within a period of
eight weeks from the date of receipt of a copy of this order.
5. With the above directions, the writ petition is disposed of.
Consequently, WMP.No.23374 of 2021 is also closed. No costs.
20.10.2021
Index: Yes/No Internet: Yes/No
https://www.mhc.tn.gov.in/judis W.P.No.22140 of 2021
To
1. The Inspector General of Registration, Inspector General Office, No.100, Santhome High Road, Chennai – 600 026.
2. The District Registrar, Sankarapuram Taluk, Kallakurichi District.
3. The Sub-Registrar, Sub-Registrar Office, Sankarapuram Taluk, Kallakurichi District.
https://www.mhc.tn.gov.in/judis W.P.No.22140 of 2021
V.BHAVANI SUBBAROYAN, J.
gba/msm
W.P.No.22140 of 2021
20.10.2021
https://www.mhc.tn.gov.in/judis
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