Disposed

Dharmalingam. P.V v. the District Registrar

Madras HC7 Mar 2023WP(MD)/284/2022

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court disposed of a writ petition filed for a mandamus directing the Sub Registrar to register a sale deed. The court directed the petitioner to present documents verifying the nature of a prior attachment, the validity of a power of attorney, and title before the registration can be reconsidered on merits.

What did the court decide?

Liberty granted to petitioner to present documents regarding attachment and power of attorney for reconsideration on merits.

Dharmalingam. P.V Vs the District Registrar — Property and Title | Madras HC (2023)

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WP(MD) No.284 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 07.03.2023

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CORAM

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THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN

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WP(MD) No.284 of 2022

P.V. Dharmalingam

... Petitioner

Vs.

1.The District Registrar, District Registrar Office, 171, Palace Road, Madurai Road, Madurai District.

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2.The Sub Registrar, Sub-Registrar Office, Melur, Madurai District.

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3.Balakrishnan ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to call for the records pertaining to issue a Writ of Mandamus directing the 2^nd respondent to receive the petitioner sale deed, dated 17.08.2021 temporary Registration No.TP/104460691/2021 and register same.

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For Petitioner : Mr.R. Murugappan For Respondents : Mr. C. Satheesh Government Advocate

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WP(MD) No.284 of 2022

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O R D E R

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This Writ Petition has been filed in the nature of Mandamus

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directing the 2^nd respondent to receive the petitioner's sale deed, dated 17.08.2021, having temporary Regn.No.TP/104460691/2021 and register the same in accordance with Rules and Regulations.

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The petitioner had earlier filed WP(MD).No.18315 of 2021 in the nature of Certiorarified Mandamus to call for the records of check slip, which had issued by the second respondent in Check Slip – 6, dated 19.08.2021, refusing to register the sale deed which was presented for registration by Regn.No. TP/104460691/2021, dated 17.08.2021. A learned Single Judge of this Court had directed that the sale deed may be represented again before the second respondent within a period of two weeks from the date of receipt of a copy of that order. In the affidavit it is stated that the petitioner fell ill and hence, he could not comply with that particular direction.

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WP(MD) No.284 of 2022

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The learned counsel appearing for the petitioner states that further time may be granted for presentation of the document.

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The learned Government Advocate appearing for the

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respondents would submit that on earlier occasion, the petitioner had not produced the title deed of the property and that the Sub Registrar had refused to register the document. It is stated that the property originally belonged to one Paneer Mohammed and he had given a temporary power in the name of Balakrishnan. The petitioner proposed to purchase from the said Balakrishnan. It is stated that however, the property has been attached by the Enforcement Directorate by an order dated 27.03.2017. It is therefore stated that even if the sale deed is presented the same could not be registered.

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In reply, the learned counsel for the petitioner submits that

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the attachment has been raised subsequently and hence, that fact has to be verified by the second respondent, Sub Registrar.

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I grant liberty to the petitioner to again present the documents for registration. After following due procedure and the

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WP(MD) No.284 of 2022

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examination of the documents relating to attachment of the properties by the Enforcement Directorate, previous title and also whether the power of attorney in favour of Balakrishnan is still in force, the second respondent shall reconsider the matter on merits. If the presentation of the document is beyond the period of limitation, it is left open to the petitioner to present a fresh sale deed duly executed by the title holder of the property.

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With the above observation, this Writ Petition is disposed

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of. No costs.

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07.03.2023

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Index : Yes/No Internet : Yes /No

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trp

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WP(MD) No.284 of 2022

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1.The District Registrar, District Registrar Office, 171, Palace Road, Madurai Road, Madurai District.

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2.The Sub Registrar, Sub-Registrar Office, Melur, Madurai District.

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WP(MD) No.284 of 2022

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C.V.KARTHIKEYAN, J.,

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trp

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WP(MD) No.284 of 2022

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07.03.2023

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Dharmalingam. P.V v. the District Registrar

Case brief

What is this about?

What did the court decide?

Dharmalingam. P.V v. the District Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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