Madras High Court
P.Senthilkumar vs The Sub Registrar on 7 January, 2022
W.P.(MD).No.20804 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.01.2022
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.(MD).No.20804 of 2021
1.P.Senthilkumar
2.Latha ... Petitioners
Vs.
The Sub Registrar,
Sub Registrar Office,
Manapparai,
Tiruchirappalli District. ... Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
records of the impugned Refusal Check Slip in Refusal
Number:RFL/Manapparai/6/2021 dated 28.10.2021 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 Natham Survey No.599/2 part to an extent of 1911 square feet in T.S.No.72,
Block-2, Ward-D, Ward No.22, Sevalur Village, Manapparai Taluk, Trichy
District and pass an order to complete the registration within a time stipulated
by this Court.
For Petitioners : Mr.V.Meenakshisundaram
For Respondent : Mr.S.Shanmugavel,
https://www.mhc.tn.gov.in/judis Additional Government Pleader.
1/4
W.P.(MD).No.20804 of 2021
ORDER
The Writ Petition has been filed in the nature of Certiorarified
Mandamus seeking interference with a refusal check slip dated 28.10.2021
passed by the respondent / the Sub Registrar, Sub Registrar office, Manapparai,
Tiruchirappalli District. The registration was with respect to the lands in
Natham Survey No.599/2 part measuring 1911 square feet in T.S.No.72,
Block-2, Ward-D, Ward No.22, Sevalur Village, Manapparai Taluk, Trichy
District.
2. In the affidavit filed in support of the Writ Petition, it had been
claimed that the petitioners had presented a sale deed dated 28.10.2021 in
favour of one P.S.Selvam and presented the same before the respondent / the
Sub Registrar, Sub Registrar office, Manapparai, Tiruchirappalli District, for
registration by Document No.TP/106581252/2021. This was refused to be
registered by the respondent. It appears that there was an earlier order dated
14.09.2021 passed in W.P(MD).No.16373/2021, which was filed by one
T.Duraisamy.
3. Let me not enter into further details of the facts as stated, since
pending the Writ Petition, the District Registrar, Tiruchirappalli had
commenced conducting an inquiry and Mr.V.Meenakshisundaram, learned
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.20804 of 2021
counsel for the petitioners, stated that the petitioners and the said T.Duraisamy
had participated in the inquiry. The inquiry had also been concluded and now
orders will have to be passed. Depending on the order passed by the District
Registrar, Tiruchirappalli, the Sub Registrar may take steps to register the
document presented for registration or pass an order refusing to register the
document. At any rate, if it is an order of refusal to register the document, then
detailed reasons will have to be given. It is hoped that the District Registrar,
Tiruchirappalli would pass orders on or before 10.02.2022.
4. With the above observations, this Writ Petition is disposed of.
There shall be no order as to costs.
07.01.2022
Index : Yes / No
Internet : Yes/ No
Lm
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
To
The Sub Registrar,
Sub Registrar Office,
Manapparai,
Tiruchirappalli District.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.20804 of 2021
C.V.KARTHIKEYAN, J.
Lm
W.P.(MD).No.20804 of 2021
07.01.2022
https://www.mhc.tn.gov.in/judis
