Allowed

R.Rajeshwari v. the Sub Registrar

Madras HC7 Aug 2023WP/18757/2023

Case brief

AI extract

What is this about?

The High Court held that the mere filing of a writ petition does not bar the registration of a mortgage deed. The court quashed the Sub Registrar's refusal order and directed the registration to be completed within four weeks.

What did the court decide?

The impugned refusal check slip dated 12.05.2023 was quashed and the respondent was directed to complete the registration of the mortgage deed within four weeks.

R.Rajeshwari Vs the Sub Registrar — Writ and Judicial Review | Madras HC (2023)

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W.P.No.18757 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.08.2023

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CORAM

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

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W.P.No.18757 of 2023

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and

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W.M.P.No.18004 of 2023

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R.Rajeshwari ... Petitioner Vs. The Sub Registrar, Guduvancheri, Chengalpattu District 603202. ... Respondent

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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the Impugned order having reference RFL/Guduvancheri/14/ 2023 dated 12.05.2023 on the file of respondent and quash the same and subsequently direct the Respondent to register the “Memorandum relating of deposit of Title Deeds” dated 12.05.2023.

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For Petitioner : Mr.E.P.Senniyangiri For Mr.S.Elumalai For Respondent : Mr.D.Ravichander Special Government Pleader

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.18757 of 2023

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O R D E R

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The writ petition has been filed challenging the refusal check slip

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issued by the respondent in proceedings dated 12.05.2023.

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The petitioner states that she is the purchaser of the subject property

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and presented a mortgage deed for registration. The document was returned on the ground that the writ petition in W.P.No.19197 of 2022 was filed before the High Court.

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Mere filing of a writ petition is not a bar for registering a document, which is presented otherwise in accordance with law. Such registration can be refused only in the event of an order from the High Court and in the present case, the said writ petition filed in W.P.No.19197 of 2022 has already been disposed of with a direction to consider the representation filed by one Mr.S.Murugesan, who was the writ petitioner in W.P.No.19197 of 2022. Thus, there is no impediment for the respondent to proceed with the registration of mortgage deed.

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Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.18757 of 2023

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Accordingly, the impugned refusal check slip passed by the respondent in RFL/Guduvancheri/14/2023 dated 12.05.2023 is quashed and the respondent is directed to proceed with the registration by following the procedures contemplated and complete the same within a period of four (4) weeks from the date of receipt of a copy of this order.

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5. Accordingly, this Writ petition stands allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

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07.08.2023

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Jeni Index : Yes Speaking order Neutral Citation : Yes

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To The Sub Registrar, Guduvancheri, Chengalpattu District 603202.

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Page 3 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.18757 of 2023

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S.M.SUBRAMANIAM, J.

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Jeni

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W.P.No.18757 of 2023

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07.08.2023

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Page 4 of 4

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https://www.mhc.tn.gov.in/judis

R.Rajeshwari v. the Sub Registrar

Case brief

What is this about?

What did the court decide?

R.Rajeshwari v. the Sub Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

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