Madras High Court
Mr.D.Vanju Gandhi vs The Inspector General Of ... on 2 September, 2021
W.P.No.18427 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2021
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.18427 of 2021
Mr.D.Vanju Gandhi ... Petitioner
Vs.
1.The Inspector General of Registration,
Registration Department,
Santhome, Chennai – 4.
2.The Joint Sub Registrar – I,
Sub – Registrar Office,
Vellore.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, to direct the respondents to register the sale
deed bearing pending Document No.75 of 2021, dated 16.03.2020 on the
file of the Second respondent as a regular document and release the same to
the petitioner.
For Petitioner : Mr.B.Venkatakrishnan
For respondents : Mr.K.M.D.Muhilan
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W.P.No.18427 of 2021
Government Advocate
ORDER
The petitioner has filed a mandamus to direct the respondents to
register the sale deed pending Document No.75 of 2021, dated 16.03.2020
on the file of the Second respondent as a regular document and release the
same to the petitioner.
2.The case of the petitioner is that he entered into an agreement of sale
for purchase of a house bearing Door No.38/1, Battai Street situated in
Grama Natham Old Survey No.74/1A, New Survey No.411/50, Budur
Village and Post, Anaicut Taluk, Vellore District from one S.Arasakumar
under a registered sale agreement dated 07.02.2014.
3.According to the petitioner, the said land owner had refused to
cooperate for execution and registration of sale deed within the stipulated
time and the petitioner was constrained to file a civil suit for specific
performance of the registered sale deed dated 07.02.2014 and for permanent
injunction restraining the defendant from alienating the property vide
O.S.No.1 of 2015 before the Principal Subordinate Judge, Vellore.
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W.P.No.18427 of 2021
4.The petitioner submits that though the defendant had entered
appearance through his counsel, the petitioner was set exparte for non filing
of written statement within the stipulated time and the learned Principal
Subordinate Judge, Vellore by its judgment and decree dated 06.11.2017
decreed the suit directing refund of the advance amount with interest and
declined to order specific performance. According to the petitioner, he had
preferred first appeal in A.S.No.203 of 2017 before the Principal District
Judge, Vellore and the Principal District Judge had allowed the appeal and
decreed the suit by granting specific performance of the sale deed dated
07.02.2014 by its judgment and decree dated 02.02.2019.
5.The petitioner further submits that in order to get the sale deed
executed, he had filed an execution petition in O.E.P.No.130 of 2019 before
the Principal Subordinate Judge, in that case the judgment debtor had entered
appearance through his counsel and later was set exparte for non filing of
counter. According to the petitioner, the Execution Court on approval of the
draft sale deed and on submission of the non judicial stamps executed the
sale deed on 16.03.2020 and directed the registry to submit the sale deed for
registration before the second respondent.
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W.P.No.18427 of 2021
6.According to the petitioner, due to Covid-19 pandemic and control
measures taken by the Government of India, the functioning of the Courts
and the various Government Departments were came to standstill or
truncated since March 2020. The petitioner submits that since total lock
down imposed for the entire nation, the Court staff could not present the said
deed on 16.03.2020 before the second respondent within the stipulated time
after returning to partial normalcy in the year 2021, registration was fixed
on-line and the sale deed submitted before the second respondent on
21.04.2021 for registration, though the second respondent accepted the said
sale deed dated 16.03.2020, refused to complete the registration on the
ground that there was some delay and kept it pending as Document No.75
of 2021.
7.The petitioner submits that in spite of the written directions issued
by the Execution Court to the second respondent, the second respondent
refused to complete the registration on the ground that the document was not
presented within the time stipulated under Section 23 of the Registration Act,
1908 and delay being more than six months not condonable.
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W.P.No.18427 of 2021
8.Aggrieved by the said refusal of the second respondent, he has put
to hardship due to the fact that the second respondent acted with as
prejudicial manner and the petitioner has no other alternative remedy and
seeks interference of this Court.
9.Heard, the learned counsel for the petitioner and the learned
Government Advocate for the respondents and perused the materials
available on record.
10.On going through the averments, the petitioner had entered into an
agreement of sale and the sale deed was not executed. Hence, the petitioner
was constrained to file a civil suit for registration of sale deed dated
07.02.2014 in O.S.No.1 of 2015 before the Principal Subordinate Judge,
Vellore, the petitioner was set exparte and the Court only directed to refund
of the advance amount with interest and declined to order specific
performance. Aggrieved by the same, the petitioner preferred First Appeal
in A.S.No.203 of 2017 before the Principal District Judge, Vellore and the
Appellate Court considered the petitioner's contention and decreed the appeal
suit in favour of the petitioner. After filing OEP execution petition, the
petitioner's sale deed has to be presented before 19.03.2020. Due to the
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W.P.No.18427 of 2021
national lock down, the said registration could not be completed as all the
Government Offices closed. After partial resumption of offices, the
petitioner presented the same in the month of April 2021, but the same has
not been accepted by the authorities stating that the reason that only 4 months
time has been granted for registering the document and as the document
cannot be accepted and refused to register the same in spite of being an order
passed by the learned Principal Subordinate Judge, Vellore.
11.That being the case, this Court is of the view that the Court has
executed the sale deed and only due to pandemic situation they could not
produce the same and valid reasons have been stated by the petitioner for not
submitting the same for registration by the Court officials, the said case
ought to have been considered by the authorities but the authorities failed to
consider the same which amounts to prejudice to the petitioner.
12.In view of the above, this Court is of the view that as the reasons
stated by the petitioner is accepted by this Court and this Court is inclined to
allow the writ petition by directing the second respondent to register the sale
deed presented by condoning the delay within a period of eight weeks from
the date of receipt of a copy of this order.
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W.P.No.18427 of 2021
13.With the above observation and direction, this writ petition is
allowed. No costs.
02.09.2021
Index : yes/no
Internet : yes/no
Speaking Order/Non-Speaking Order
pam
To
1.The Inspector General of Registration,
Registration Department,
Santhome, Chennai – 4.
2.The Joint Sub Registrar – I,
Sub – Registrar Office,
Vellore.
http://www.judis.nic.in
W.P.No.18427 of 2021
V.BHAVANI SUBBAROYAN. J,
pam
W.P.No.18427 of 2021
02.09.2021
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