Madras High Court
P.Anbanandhan vs The Sub-Registrar on 24 June, 2022
W.P.No.16054 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.16054 of 2022
P.Anbanandhan ...Petitioner
Vs.
The Sub-Registrar,
The Sub-Registrar Office,
Avinashi,
Tiruppur District. ...Respondent
Prayer:-
Writ Petition is filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus to call for the records pertaining to
the Refusal Check slip in refusal number RFL/Avinasi/9/2022 dated
27.05.2022 and to quash the same as illegal, incompetent and ultravires and
consequently direct the respondent to register the Lok Adalat Award
judgment dated 24.01.2017 in O.S.No.405 of 2016 on the file of the Sub
Judge, Avinashi and to return the documents on its registration.
For Petitioner : Mr.A.Thiyagarajan
For Respondent : Mr.Yogesh Kannadasan
Special Government Pleader
1/7
https://www.mhc.tn.gov.in/judis
W.P.No.16054 of 2022
ORDER
The petitioner has filed this writ petition seeking issuance of Writ of
Mandamus to direct the respondent to register the Lok Adalat Award
judgment dated 24.01.2017 in O.S.No.405 of 2016 on the file of the Sub
Judge, Avinashi and to quash the Refusal Check slip in refusal number
RFL/Avinasi/9/2022 dated 27.05.2022
2. The learned Special Government Pleader takes notice for the
respondent. In view of the consent expressed by the Learned counsel
appearing for either side, this petition is taken up for final disposal.
3. The case of the petitioner is that the property situated in
S.No.754/2-A-2, Thekkalur Village, Avinashi Taluk, Thiruppur District,
measuring to an extent of 0.75 cents is owned by one Kaliammal,
Senthilkumar and Mayangammal. The petitioner entered into a sale
agreement dated 03.10.2012 with the above said Kaliammal, Senthilkumar
and Mayangammal in respect of said property for sale consideration of
Rs.9,00,000/- and he paid an advance of Rs.7,00,000/- on the date of sale
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W.P.No.16054 of 2022
agreement. As per the sale agreement dated 03.10.2012, said Kaliammal,
Senthilkumar and Mayangammal should execute a sale deed in favour of the
petitioner after receiving the judgment and decree in S.A.No.1588 of 1996
and after receiving patta in their favour and they agreed to execute a sale
deed within a period of six months from the date of receipt of patta for the
said property. Though, the said Kaliammal, Senthilkumar and
Mayangammal received judgment and decree in S.A.No.1588 of 1996 and
after receipt of patta, they failed to execute the sale deed in favour of the
petitioner. As a result, the petitioner filed O.S.No.405 of 2016 and the same
was settled before Lok Adalat, Avinashi, thereby directing the said
Kaliammal, Senthilkumar and Mayangammal to receive the balance sale
consideration of Rs.2,00,000/- and to execute a sale deed in favour of the
petitioner. Thereafter, the petitioner made a representation dated
27.05.2022, before the respondent. Since the same has not been considered,
the petitioner has filed the present Writ Petition seeking the aforesaid relief.
4. Though very many grounds have been raised, learned counsel for
the petitioner submits that it would suffice if this Court issues direction to
the respondent to consider the petitioner's representation dated 27.05.2022
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W.P.No.16054 of 2022
and pass orders on the same within a particular time frame fixed by this
Court.
5. The learned Special Government Pleader has no objection for said
order being passed and he fairly conceded that the petitioner's representation
dated 27.05.2022 will be considered and appropriate orders will be passed
within the time stipulated by this Court.
6. In view of the aforesaid submissions, this Court without expressing
any opinion on the merits of the case directs the respondent to consider the
petitioner's representation dated 27.05.2022 on merits and in accordance
with law and pass appropriate orders, within a period of twelve weeks from
the date of receipt of a copy of this order.
7.Accordingly, this Writ Petition is disposed of. No costs.
24.06.2022
ep/sk
Speaking Order : Yes/ No
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W.P.No.16054 of 2022
Index : Yes/ No
To
The Sub-Registrar,
The Sub-Registrar Office,
Avinashi,
Tiruppur District.
https://www.mhc.tn.gov.in/judis
W.P.No.16054 of 2022
M.DHANDAPANI,J.
ep/sk
W.P.No.16054 of 2022
https://www.mhc.tn.gov.in/judis
W.P.No.16054 of 2022
24.06.2022
https://www.mhc.tn.gov.in/judis
