Sree Kumaran Nair vs The Sub Registrar
2022 Latest Caselaw 8966 Mad

                                                                           W.P.(MD)No.8310 of 2022

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 27.04.2022

                                                     CORAM:

                                   THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                              W.P.(MD)No.8310 of 2022


                      Sree Kumaran Nair                                       ... Petitioner

                                                        /Vs./

                      The Sub Registrar,
                      Sub Registrar Office,
                      Thuckalay,
                      Kanyakumari District.                                   ... Respondent

                      PRAYER: Writ Petition filed under Article 226 of the Constitution of
                      India for issuance of Writ of Certiorarified Mandamus, calling for the
                      records of the impugned refusal Check Slip in Refusal Number : RFL/
                      Thuckalay/22/2022 dated 19.03.2022 passed by the Respondent herein
                      and quash the same as illegal and further direct the respondent herein to
                      enquire the matter by conducting a summary enquiry as mandate in the
                      light of the judgment reported in 2017 (3) CTC 135 and 2020 (3) CTC
                      785 with respect to the Re.S.No.401/17, to an extent of 2 cents out of
                      0.03.50 Ares in Patta No.2413 in Kumarapuram Village, Kalkulam Tlauk,
                      Kanyakumari District.



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                                                                                  W.P.(MD)No.8310 of 2022

                                         For Petitioner    : Mr.V.Meenakshi Sundaram
                                                           for Mr.D.Nallathambi
                                         For Respondent    : Mr.S.Shanmugavel,
                                                            Additional Government Pleader.


                                                            ORDER

This writ petition has been filed challenging the impugned refusal

check slip dated 19.03.2022 refusing to register the sale deed presented

by the petitioner for registration on the ground that a demand has been

made by HR&CE Department that the subject property belongs to a

temple.

2.The petitioner has challenged the impugned order on the ground

of principles of natural justice. According to him, without holding an

enquiry and without affording any opportunity of hearing to the

petitioner, the impugned order has been passed.

3.This Court has perused and examined the impugned order. As

seen from the impugned order, no opportunity of hearing has been

granted to the petitioner before refusing to register the sale deed

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presented by the petitioner for registration. The respondent has refused

to register the sale deed on the ground that there is a claim made by the

HR&CE Department stating that the subject property belongs to a public

temple.

4.Since no opportunity of hearing has been granted to the

petitioner and no enquiry was conducted, this Court is of the considered

view that the impugned order passed by the respondent has been passed

in violation of principles of natural justice.

5.Accordingly, the impugned refusal check slip dated 19.03.2022

passed by the respondent is hereby quashed and the matter is remanded

back to the respondent for fresh consideration. The respondent shall pass

final orders on merits and in accordance with law, after affording a fair

hearing to the petitioner and the HR&CE Department, including granting

them the right of personal hearing, and also permitting them to produce

documents to substantiate their case, within a period of twelve [12]

weeks from the date of receipt of a copy of this order.

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6.With the aforesaid direction, this Writ Petition stands disposed

of. There shall be no order as to costs.

                                                                                  27.04.2022
                      Index : Yes / No                                                (2/2)
                      Internet : Yes / No
                      sm

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ABDUL QUDDHOSE, J.

sm

order made in W.P.(MD)No.8310 of 2022 (2/2)

Dated:

27.04.2022

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