Madras High Court
S.Balakrishnan vs The District Registrar on 6 October, 2023
W.P.(MD)No.17542 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.10.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.17542 of 2020
S.Balakrishnan ... Petitioner
Vs.
1.The District Registrar,
O/o. the District Registrar,
Tirunelveli.
2.The Joint Sub-Registrar No.II,
O/o. Joint Sub-Registrar,
Tirunelveli. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing the respondent No.2
herein to register and release the pending document No.29/2007 on the file
of Respondent No.2 in pursuance of the order dated 17-07-2020 passed by
Respondent No.1 within a time frame as may be fixed by this Court.
For Petitioner : Mr.Y.Prakash
For R-1 & R-2 : Ms.D.Farjana Ghoushia,
Special Government Pleader
1/7
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.17542 of 2020
ORDER
This Writ Petition has been filed for the issue of writ of
mandamus directing the second respondent to register the sale deed and
release the same in line with the orders passed by the first respondent dated
17.07.2020.
2. Heard the learned counsel appearing for the petitioner and
the learned Special Government Pleader appearing for the respondents.
3. The case of the petitioner is that the subject property was
sought to be purchased by the petitioner from one Arumugam. After
negotiations, the petitioner agreed to purchase the property for a total sale
consideration of Rs.25,000/- (Rupees Twenty Five Thousand only) and the
said amount was also paid. After the execution of the sale deed, all of a
sudden, the said Arumugam started demanding for further sale
consideration and he refused to go over the office of the Sub Registrar to
register the sale deed.
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W.P.(MD)No.17542 of 2020
4. In view of the above, the petitioner presented the sale deed
before the second respondent and sought for compulsory registration in
terms of Sections 25 and 36 of the Registration Act, 1908. The sale deed
was taken on file and it was assigned pending Document No.29 of 2007.
Thereafter, the first respondent initiated enquiry proceedings. In the
meantime, the said Arumugam filed a suit in O.S.No.618 of 2010 before
the I Additional District Munsif seeking for the relief of permanent
injunction against the petitioner. He died during the pendency of the suit
and his legal representatives were impleaded. Ultimately, after contest, the
suit was dismissed by Judgment and decree dated 04.06.2010. This was
further confirmed in the appeal in A.S.No.89 of 2010.
5. The above developments were brought to the notice of the
second respondent and in spite of the same, the second respondent passed
an order refusing to register the sale deed. Aggrieved by the same, the
petitioner filed an appeal before the first respondent and the first
respondent through an order dated 17.07.2020, directed the second
respondent to register the pending document within a period of thirty (30)
days from the date of the order. The grievance of the petitioner is that in
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W.P.(MD)No.17542 of 2020
spite of the orders passed by the first respondent, the second respondent
did not register the sale deed and release the document. Aggrieved by the
same, the present Writ Petition has been filed before this Court.
6. The second respondent has filed a counter-affidavit. The relevant
portion in the counter-affidavit is extracted hereunder:
“It is submitted that the petitioner has sent
another representation dated 07.10.2020 to
register the pending document. The first
respondent has passed an order dated 17.07.2020
to register the document within a period of thirty
days and the petitioner ought to have submitted
the document on or before 17.08.2020, buy the
petitioner has presented only on 30.09.2020. As
per Section 73 of the Registration act, the sale
deed to be registered within thirty days from the
date of order. But the petitioner has belatedly
submitted the sale deed which cannot be condoned
as there is no provisions under the Act. Therefore,
the petitioner’s representation was rejected by the
first respondent vide Na.Ka.No.106/A1/2012 dated
04.02.2021 and the same was sent to the
petitioner. The petitioner if aggrieved over the
order has to prefer an appeal in accordance with
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W.P.(MD)No.17542 of 2020
law. The present Writ Petition has become
infructuous as the petitioner’s representation was
duly considered and rejected by the first
respondent on 04.02.2021.”
7. It is not in dispute that the first respondent has already
passed an order on 17.07.2020, directing the second respondent to register
the document within a period of thirty (30) days. The second respondent
has not registered this document only on the ground that the petitioner had
submitted the document beyond the period fixed by the first respondent.
Accordingly, the second respondent has refused to register the document.
8. In the considered view of this Court, the petitioner has been
running from pillar to post to get the document registered from the year
2006 onwards. In spite of succeeding before the Civil Court and in spite of
having a favorable order from the first respondent, it is not fair to keep the
petitioner in limbo. Hence, this Court is inclined to direct the second
respondent to register the sale deed and to release the document to the
petitioner.
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W.P.(MD)No.17542 of 2020
9. In the result, this Writ Petition is disposed of with a
direction to the second respondent to register the sale deed that is kept as
pending document No.29 of 2007 and to release the document to the
petitioner within a period of two (2) weeks from the date of receipt of a
coy of this order. No costs.
06.10.2023
NCC:yes/no
Index:yes/no
Internet:yes/no
tsg
To
1.The District Registrar,
O/o. the District Registrar,
Tirunelveli.
2.The Joint Sub-Registrar No.II,
O/o. Joint Sub-Registrar,
Tirunelveli.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.17542 of 2020
N.ANAND VENKATESH, J.
tsg
W.P.(MD)No.17542 of 2020
06.10.2023
https://www.mhc.tn.gov.in/judis
