Madras High Court
P.Sabarigiri vs The Inspector General Of Registration on 5 September, 2024
W.P.No.25471 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.09.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
W.P No.25471 of 2024
P.SabariGiri ...Petitioner
Vs.
1. The Inspector General of Registration,
100, Santhome HighRoad, AnnamalaiPuram,
Chennai 600 028.
2. The District Registrar,
The District Registrar Office,
Gopalapuram,
Coimbatore 18.
3. The Sub – Registrar,
The Sub – Registration Office,
Anaimalai – 642 104.
4. M.Sivabackiam
5. Govindammal
6. Rubadevi
7. Santhoshkumar
8. Indirani @ Indira Gandhi ...Respondents
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1/5
W.P.No.25471 of 2024
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the 3rd respondent to register the
sale deed dated 23.05.2024 as pending document No.46 of 2024 as regular
document in Book 1 and release the document to petitioner by considering the
petitioner's representation dated 01.08.2024 within time frame manner.
For Petitioner : Ms.M.Vanitha
for Mr.J.Pradeep
For Respondents : Mr.M.ShahJahan for R1 to R3
Special Government Pleader
ORDER
The petitioner herein seeks a direction to the third respondent to
register the sale deed dated 23.05.2024 presented for registration by
considering his representation dated 01.08.2024.
2. The petitioner herein entered into a sale transaction with the
respondents 5 & 6 for purchase of the undivided 1/2 share in the property
situated in S.F.No.234/2B at Angalakuruchi Village, Anaimalai Taluk and the
sale deed executed by the respondents 5 & 6 was presented for registration
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before the third respondent. The right of the respondents 5 & 6 have been
declared in preliminary decree for partition passed in OS.No.164 of 2015 on
the file of the I Additional District Court, Coimbatore. When the sale deed
in favour of the petitioner was presented for registration before the third
respondent, the said document has been kept pending merely on the ground
that an appeal against the judgment and decree passed in OS.No.164 of 2015 is
pending. Therefore, the petitioner has come before this Court.
3. Mr.M.Shahjahan, learned Special Government Pleader, who
takes notice for the respondents 1 to 3 would submit that the representation of
the petitioner will be considered, on its own merits, within a time frame fixed
by this Court.
4. It is settled law mere pendency of the appeal against the
preliminary decree is not a ground to refuse the registration unless there is a
prohibitory order passed by the Court restraining the vendors of the petitioner
from alienating their share in the suit property. Any alienation by the vendors
of the petitioner, is subject to the result of the proceedings pending before the
Appellate Court. Therefore, the third respondent is directed to consider the
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representation of the petitioner dated 01.08.2024 and take a final decision on
the registration of the document within a period of two weeks from the date of
receipt of copy of this order.
5. With the above direction, this Writ Petition is disposed of. No
costs.
05.09.2024
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
dna
To
1. The Inspector General of Registration,
100, Santhome HighRoad, Annamalai Puram,
Chennai 600 028.
2. The District Registrar,
The District Registrar Office,
Gopalapuram,
Coimbatore 18.
3. The Sub – Registrar,
The Sub – Registration Office,
Anaimalai – 642 104.
https://www.mhc.tn.gov.in/judis
S.SOUNTHAR, J.
dna
05.09.2024
https://www.mhc.tn.gov.in/judis
