The petitioner challenged the refusal to register a sale deed via a writ petition under Article 226. The Court held that an effective alternative statutory remedy exists under Section 72 of the Registration Act.
The Writ Petition is dismissed. Liberty is given to the petitioner to file an appeal under Section 72 of the Registration Act within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.11.2019
CORAM:
THE HONOURABLE MR. JUSTICE T. RAJA
Writ Petition No.2674 of 2015
and M.P.Nos.1 and 2 of 2015
A.Venkatachalapathy ... Petitioner
Vs
1. The Sub-Registrar,
Ayodyapattinam,
Salem District.
2. A.Kathiravan
3. K.Vijayalakshmi ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent herein culminating in the Check Slip No.1 of 2014 on the file of the 1st respondent herein dated 28.11.2014 and quash the same and consequently, direct the 1st respondent herein to register the sale deed dated 28.11.2014 presented by the petitioner herein within the time frame stipulated by this Court.
For Petitioner : Mr.M.Santhanaraman
For Respondents: Mr.P.Purushothaman,
Govt. Advocate for R1 Mr.A.Nagarathinam for R2 & R3 O R D E R
Mr.A.Venkatachalapathy claiming to be the purchaser of the property-in-question under Sale Deed dated 28.11.2014 has come to this court with this Writ Petition challenging the impugned Proceedings dated 28.11.2014 giving reasons for refusal to register the document-in-question.
1/4
2/4
approaches within two weeks time. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/-
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
tsi
To
The Sub-Registrar,
Ayodyapattinam,
Salem District.
+1cc to Mr.M.Santhanaraman, Advocate sr.92643
+1cc to Mr.A.Nagarathinam, Advocate sr.93202
+1cc to Government Pleader sr.93022
W.P.No.2674 of 2015
cp(co)
nr 11/11/2019
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2 issues framed by the court
Whether a writ petition under Article 226 can be maintained when an effective alternative statutory remedy exists under Section 72 of the Registration Act.
Whether the District Registrar can exclude the pendency of the writ petition for the purpose of filing the appeal under Section 72.
2 provisions across 2 enactments
A. Venkatachalapathy
The Sub-Registrar, Ayodyapattinam, Salem District
A. Kathiravan
K. Vijayalakshmi
T. RAJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
