Madras High Court
N.Nataraj Annamalai vs The Sub Registrar on 28 August, 2023
WP(MD)No.20844 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD)No.20844 of 2023
N.Nataraj Annamalai ... Petitioner
v.
1.The Sub Registrar,
Tamil Nadu Registration Department,
Thirumayam Post and Taluk,
Pudukottai District.
2.Pothuvalli ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Mandamus directing the first respondent to
register the sale deed dated 16.09.2022 executed by the petitioner in favour of
the second respondent under the provisions of the Registration Act and Rules.
For Petitioner : Mr.S.Vedachalam
For Respondents : Mrs.D.Farjana Ghoushia,
Special Government Pleader
for R.1
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1/4
https://www.mhc.tn.gov.in/judis
WP(MD)No.20844 of 2023
ORDER
The petitioner has approached this Court that the first respondent is not
registering the document presented by him for the land in S.No.213/12,
213/14 & 213/6 of Melapanaiyur Village. Therefore, he has filed this writ
petition for a mandamus directing the first respondent to register the sale deed
dated 16.09.202 executed by him in favour of the second respondent.
2.Learned Counsel for the petitioner, by referring the judgment of this
Court in K.S.Vijayendran v. Inspector General of Registration and Another
[2011-2-LW-648], submitted that the Registrar cannot refuse to register the
document.
3.Learned Special Government Pleader, on instructions, submitted that
the petitioner has already submitted a document dated 20.01.2023 for
registration and it was refused by the Sub Registrar by making an
endorsement that the land sought to be registered is a water body. Without
challenging the same, the petitioner has moved this writ petition for a
mandamus and therefore, it is liable to be dismissed.
https://www.mhc.tn.gov.in/judis
WP(MD)No.20844 of 2023
4.This Court considered the rival submissions made on either side.
5.The relief sought for in this writ petition is for a mandamus directing
the first respondent / Sub Registrar to register the document. But it appears
that the Sub Registrar has already passed an order refusing to register the
document stating that the land sought to be registered is classified as a water
body. This decision appears to have been taken based on the 'A' Register.
6.Therefore, this writ petition is dismissed. It is always open to the
petitioner to challenge the refusal check slip in the manner known to law,
after ascertaining the revenue records with regard to the classification of the
land. No costs.
Index : Yes / No 28.08.2023
NCC : Yes / No
gk
https://www.mhc.tn.gov.in/judis
WP(MD)No.20844 of 2023
B.PUGALENDHI, J.
gk
To
The Sub Registrar,
Tamil Nadu Registration Department,
Thirumayam Post and Taluk,
Pudukottai District.
WP(MD)No.20844 of 2023
28.08.2023
https://www.mhc.tn.gov.in/judis
