The petitioner challenged a Sub Registrar's order refusing to register a sale deed. The High Court directed the Sub Registrar to comply with a District Registrar's order dated 20.07.2021 and proceed with the registration.
Direction to the 3rd respondent to comply with the District Registrar's order dated 20.07.2021 and register the sale deed.
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W.P(MD)No.3941 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.09.2022
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD).No.3941 of 2013 and M.P(MD).No.1 of 2013
K.R. Kaja Mohideen,
: Petitioner
Vs
: Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
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records relating to the order passed by the 3rd respondent in her order No.Nil dated 26.02.2013 quash the same and to direct the 3rd respondent to register the sale deed dated 26.02.2013 presented before the 3rd respondent.
For Petitioner : Mr.K.Mohamed Sirajudeen
For Mr.A.S.Mujibur Rahman
For Respondents : Mr.K.S.Selvaganesan
Additional Government Pleader
ORDER
The present writ petition had been filed challenging the order passed by
the third respondent herein refusing to register the sale deed on the ground that the parent document has been registered at Parasala Sub-Registrar Office, Kerala. Under the said impugned order, the petitioner was directed to pay additional stamp duty under Section 19-B of the Indian Stamp Act, 1899. The said order is under challenge in the present writ petition.
2.According to the learned Counsel appearing for the petitioner, the amount demanded in the impugned order has already been paid and the
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District Registrar (Administration) has passed an order on 20.07.2021, directing the Sub-Registrar, Thiruverumbur, to register the document.
3.In view of the above said order, the third respondent is directed to comply with the order passed by the District Registrar (Administration), dated 20.07.2021 and proceed to register the sale deed presented by the writ petitioner.
4.With the above direction, this writ petition stands disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
13.09.2022
Index : Yes / No Internet : Yes/ No lr
To
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R.VIJAYAKUMAR, J.
lr
W.P(MD).No.3941 of 2013
13.09.2022
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2 issues framed by the court
Whether the Sub Registrar should register the sale deed in compliance with the District Registrar's order.
Whether the refusal to register the sale deed due to inter-district registration warrants a writ of certiorari or mandamus.
2 provisions across 2 enactments
K.R. Kaja Mohideen
State of Tamil Nadu, Rep. by its Secretary to Government Department of Commercial Taxes and Registration
The Inspector General Of Registration
The Sub Registrar, Thiruverumbur
R. VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
