Petitioner sought writ of mandamus for registration of a sale deed. Court granted liberty to approach civil authorities for cancellation of a subsequent sale deed instead of disposing on merits.
Grants liberty to petitioner to work out remedy in manner known to law by approaching civil court or authority for cancellation of subsequent sale deed.
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.
W.P.No.25370 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.10.2022
CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
W.P.No.25370 of 2013 and M.P.No.1 of 2013
M.Vijayakumar
.. Petitioner
Versus
1.Inspector General of Registration, Registration Department, Santhome, Chennai.
2.The Sub-Registrar, K.V.Kuppam Sub-Registrar Office, K.V.Kuppam, Vellore District.
3.K.Tamil Selvan 4.K.Dayalamurthy (R3 & R4 impleaded as per order dt. 09.12.2013 in M.P.No.2 of 2013) … Respondents
Prayer : Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents herein to register and release the document presented by the petitioner for registration on 02.11.2007 and allotted P.D.No.50/2007 on the file of the second respondent.
For Petitioner : Mr.A.Jenasenan
Page No.1 of 6
W.P.No.25370 of 2013
For Respondents 1 & 2 : Mr.D.Ravichander Special Government Pleader For Respondent 4 : Mr.M.Rajendiran
ORDER
Though, this matter is wrongly posted under the caption, 'for being
mentioned', however, the earlier Order having not been signed, the matter was heard further and disposed of by way of this Order.
respondents herein to register and release the document presented by the petitioner for registration on 02.11.2007 and allotted P.D.No.50/2007 on the file of the second respondent.
Page No.2 of 6
W.P.No.25370 of 2013
measuring an extent of 1.18 acres for a sale consideration of Rs.1,10,000/- and
paid an advance of Rs.1,00,000/-. However, the third respondent has not come forward to register the sale deed. Therefore, the petitioner has filed O.S.No.56 of 2007 before the Subordinate Judge, Gudiyatham, seeking for specific performance of the agreement dated 05.01.2005 and the same was decreed on 03.10.2007. Pursuant which, the third respondent executed a sale deed in favour of the petitioner on 02.11.2007, which was also presented before the second respondent and allotted P.D.No.50 of 2007. But, the second respondent has not taken any steps to register the document. Suppressing the above facts, the third respondent eroneously executed a sale deed in favour of fourth respondent viz., K.Dayalamurthy in respect of the subject property and the same was also registered by the second respondent. When the petitioner presented the sale agreement for registration before the second respondent on 02.11.2007, the second respondent has failed to register the document and kept the same as pending. Hence, this writ petition.
Page No.3 of 6
W.P.No.25370 of 2013
in O.S.No.56 of 2007 dated 03.10.2007 from the Subordinate Judge, Gudiyatham. However, subsequently, the very same vendor, i.e., the third respondent executed a sale deed in favour of the fourth respondent and the same is also registered by the respondent.
materials placed on record.
Page No.4 of 6
W.P.No.25370 of 2013
costs. Consequently, connected miscellaneous petition is closed.
12.10.2022
dhk Index : Yes/No Speaking Order : Yes/No
To:
K.V.Kuppam, Vellore District.
M.DHANDAPANI,J.
dhk
Page No.5 of 6
W.P.No.25370 of 2013
W.P.No.25370 of 2013
12.10.2022
Page No.6 of 6
1 issue framed by the court
Whether the petitioner should be directed to register a sale deed allotted PD No.50/2007 presented in 2007 which remained pending.
1 provisions across 1 enactments
M. Vijayakumar
Inspector General of Registration, Registration Department, Santhome, Chennai
The Sub-Registrar, K.V.Kuppam Sub-Registrar Office, K.V.Kuppam, Vellore District
K. Tamil Selvan
K. Dayalamurthy
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
