Remanded

Velusamy v. the District Collector

Madras HC3 Aug 2021WP(MD)/13355/2021

Case brief

AI extract

What is this about?

Writ petition challenging refusal to register a sale deed directed the appellate authority (District Registrar) to dispose of a pending appeal within two months, providing opportunity to parties, as the petition stated delays compounded by inaction lasting over a year.

What did the court decide?

District Registrar directed to dispose of the appeal filed on 28.09.2020 by a reasoned order within two months.

Velusamy Vs the District Collector — Property and Title | Madras HC (2021)

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W.P.(MD)No.13355 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2021

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CORAM

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THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.13355 of 2021

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Velusamy ... Petitioners

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Vs.

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The District Collector, Office of the District Collector, Karur, Karur District.

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The District Registrar, Office of the District Registrar, Karur District Collector Office,

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Karur, Karur District.

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The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Karur District, Karur.

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The Sub-Registrar,

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Office of the Sub-Registrar,

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Karur, Karur District.

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The Joint Sub-Registrar (No.2),

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Office of the Joint Sub-Registrar (No.2), Karur, Karur District.

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The Assistant Commissioner,

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Hindu Religious Endowment Board, Karur District, Karur.

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The Tahsildar,

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Office of the Tahsildar,

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Manmangalam, Karur District. ... Respondents

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Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to directing the respondents to direct the fifth respondent to allow the documents presented by the petitioner for register the sale deed in Karur District, Manmangalam Taluk, Vangal Village at Survey No.1222/B by considering appeal submitted by the petitioner dated 28.09.2020 in accordance with law within time stipulated by this Court.

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For Petitioner : Mr.R.Rajaselvan For Respondents : Mr.P.Subbaraj, Counsel for State

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https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD)No.13355 of 2021

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O R D E R

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The petitioner seeks registration of a sale deed in respect of the property bearing Survey No.1222/B.

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The petitioner states that he is the owner of the property

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bearing Survey No.1222/B and that his attempt to register the sale deed has been rejected by the fifth respondent. He further states that he submitted an appeal before the second respondent on 28.09.2020 requesting such respondent to review the refusal order dated 03.09.2020. In spite of the passage of almost one year, it is stated that the second respondent has not disposed of the appeal.

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Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of all the respondents and states that refusal to register the sale deed is in accordance with the Registration Act, 1908 and the rules framed thereunder. Without prejudice, he submits that the appellate authority may be directed to consider and dispose of the appeal on merits.

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Accordingly, without going into the merits of the matter, the second respondent herein is directed to consider the appeal filed by the petitioner on 28.09.2020 and dispose of the same by a reasoned order after providing a reasonable opportunity to the petitioner and any other persons affected by the appeal. Such reasoned order shall be passed within a period of two months from the date of receipt of a copy of this order.

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W.P(MD).No.13355 of 2021 is disposed of on these terms

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without any order as to costs.

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Sd/-

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Assistant Registrar (CS-II)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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pkn

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The District Collector, Office of the District Collector, Karur, Karur District.

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The District Registrar, Office of the District Registrar, Karur District Collector Office, Karur, Karur District.

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https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD)No.13355 of 2021

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3.	The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Karur District, Karur.
4.	The Sub-Registrar, Office of the Sub-Registrar, Karur, Karur District.
5.	The Joint Sub-Registrar (No.2), Office of the Joint Sub-Registrar (No.2), Karur, Karur District.
6.	The Assistant Commissioner, Hindu Religious Endowment Board, Karur District, Karur.
7.	The Tahsildar, Office of the Tahsildar, Manmangalam, Karur District.
+1 +1	CC to M/s.GP ( SR-25170[F] dated 04/08/2021 ) CC to M/s.R.RAJASELVAN, Advocate ( SR-25240[F] dated 04/08/2021 )
	W.P.(MD)No.13355 of 2021
CN	03.08.2021 (12.08.2021) 3P 10C

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https://hcservices.ecourts.gov.in/hcservices/

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Velusamy v. the District Collector

Case brief

What is this about?

What did the court decide?

Velusamy v. the District Collector

Case brief

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What did the court decide?

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