The High Court quashed the Registry's order refusing to register a sale deed presented by the petitioner. The court held that the refusal was based on a suit concerning a different survey number, amounting to non-application of mind.
The impugned order is quashed. The petitioner is directed to have the sale deed registered within one week of receipt of the order.
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.19005 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.19005 of 2024 and W.M.P. No.21718 of 2024
Mrs.Saranya
... Petitioner
Vs
1.The Union of India Rep by its Chief Secretary Government of Puducherry
Saram, Puducherry
3.The Sub Registrar Office of the Sub Registrar Oulgaret Jawahar Nagar, Puducherry ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 23.04.2024 vide No.80/SRO/OUL/2024/116 passed by the 3rd respondent and quash the same as illegal and consequently direct the 3rd respondent to entertain the document to be presented by the petitioner.
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W.P. No.19005 of 2024
For Petitioner : Mr.P.Rajadurai For Respondent : Mr.M.Nirmal Kumar, Government Advocate (Puducherry)
O R D E R
Challenge has been made to the refusal slip issued by the third
respondent refusing to register the sale deed presented by the petitioner.
2. It is the case of the writ petitioner that when she presented a sale deed,
in respect of Survey No.46/4, the same was refused to be registered citing pendency of a suit in respect of the said survey number.
3. Learned counsel appearing for the petitioner would submit that the petitioner has purchased the property from one Sithanathan Sengunthar in the year 2021. Whereas a suit in O.S. No.153 of 2022 has been filed by one Shanthi and Poongodi against their father and others in respect of Survey No.46/14. The suit itself is not filed for any relief of declaration and it has been filed just for an injunction retraining the official respondents from discharging their duties. At any event, when the suit schedule property is unconnected to
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W.P. No.19005 of 2024
petitioner's property, citing pendency of the said suit, the document cannot be refused to be registered.
4. Since the impugned order shows clear non-application of mind on the part of the third respondent, no counter is required. The suit cited in the impugned order relates to Survey No.46/14 whereas the document presented by the petitioner relates to Survey No.46/4, totally different survey number. In such view of the matter, the impugned order passed by the third respondent stands quashed. The third respondent is directed to register the sale deed presented by the petitioner, within a period of one week from the date of receipt of a copy of this order.
5. With the above direction, the writ petition is disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed.
19.07.2024
Index : Yes / No Neutral Citation : Yes / No Asr
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W.P. No.19005 of 2024
N.SATHISH KUMAR, J.
Asr
To
Jawahar Nagar, Puducherry
W.P.No.19005 of 2024 and W.M.P. No.21718 of 2024
19.07.2024
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2 issues framed by the court
Whether the Registry can refuse registration of a sale deed solely on the pendency of a suit concerning a different survey number.
Whether the impugned order exhibits clear non-application of mind due to citing an irrelevant suit for refusal of registration.
Mrs. Saranya
The Union of India Rep by its Chief Secretary Government of Puducherry
The District Registrar Kamarajar Salai, Sakthi Nagar Saram, Puducherry
The Sub Registrar Office of the Sub Registrar Oulgaret Jawahar Nagar, Puducherry
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
