W.P.No.
24056 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.11.2021
CORAM
THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.24056 of 2021
Shanmugam ... Petitioner
Vs
1. The District Registrar,
The District Registrar Office,
Thirupur District.
2. The Sub-Registrar,
Sub-Registrar Office,
Mulanur,
Tirupur District. ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, to call for the records
pertaining to the Refusal Check Slip in refusal number
RFL/Mulanur/28/2021 dated 23.09.2021 and to quash the same as illegal,
incompetent and ultravires and consequently direct the 2nd respondent to
register the sale deed dated 23.09.2021 executed by the petitioner by
considering the petitioner's representation dated 27.09.2021.
For Petitioner : Mr.C.Ramaraj
For Respondents : Mr.Yogesh Kannadasan
Government Advocate
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W.P.No.24056 of 2021
ORDER
This writ petition is filed to issue a Writ of Certiorarified
Mandamus, to call for the records pertaining to the Refusal Check Slip in
refusal number RFL/Mulanur/28/2021 dated 23.09.2021 and to quash the
same as illegal, incompetent and ultra-vires and consequently direct the 2nd
respondent to register the sale deed dated 23.09.2021 executed by the
petitioner by considering the petitioner's representation dated 27.09.2021.
2. The case of the petitioner is that he is the absolute owner of the
property comprised in S.No.220/2A of an extent of 1.56 acres in “Amutha
Surabi Nagar” situated at Perimiam Village, Mulanur, Dharapuram Taluk,
Thirupur District. The said property, was divided into house plot Nos.4, 5, 6,
11, 18, 19, 24 and 25, in which the petitioner intended to sell the plot No.4
of an extent of 1815 sq.ft and comprised in S.No.220/2A situated at
Perimiam Village, Mulanur, Dharapuram Taluk, Thirupur District in favour
of one S.Mathivanan for valid sale consideration. Accordingly, the
petitioner executed the sale deed in his favour dated 23.09.2021 and
presented for registration on the same day. Thereafter, the petitioner was
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W.P.No.24056 of 2021
issued with the impugned order dated 23.09.2021. The parent deed of the
said property is under challenge in O.S.No.40 of 2020 on the file of the Sub
Court, Dharapuram, in which the petitioner and the second respondent are
the parties. While pending the suit, it can be registered, subject to the result
of the suit.
3. The learned counsel for the petitioner submitted that in the
plaint in O.S.No.40 of 2020, the second respondent has been added as
eighth defendant. The interim injunction was sought for from discharging
the statutory duty against the second respondent herein and by invoking
Order 1 Rule 10(2) of the Civil Procedure Code, the second respondent has
been struck off from the party arrayed in the suit, by order dated 15.09.2021
on the file of the Sub Court, Dharapuram. That apart, pendency of the suit,
without any interim order as against the registering authority, is not an
impediment to register any documents. In this regard, the Inspector General
of Registration issued a circular No.39708/C1/2018 dated 04.10.2018 to the
registrars, thereby if there is no restraining order to Register the documents,
the Registrars can very well register the document.
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W.P.No.24056 of 2021
4. In view of the above discussion, the impugned order passed by
the second respondent is set aside. Accordingly, this Writ Petition is
allowed. The second respondent is directed to register the sale deed dated
23.09.2021 executed by the petitioner and release the same forthwith. No
costs.
09.11.2021
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Index:Yes/No
Speaking Order: Yes/No
To
1. The District Registrar,
The District Registrar Office,
Thirupur District.
2. The Sub-Registrar,
Sub-Registrar Office,
Mulanur,
Tirupur District.
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W.P.No.24056 of 2021
G.K.ILANTHIRAIYAN, J.
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W.P.No.24056 of 2021
09.11.2021
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