Petitioners sought mandamus to direct the Sub Registrar, Udhagamandalam to register a Sale Deed over their Ootacamund property. The Court found no document had been presented or token obtained and dismissed the writ, leaving liberty to pursue remedies in law.
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W.P. No.5886 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.03.2024
Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
W.P. No.5886 of 2024 and
W.M.P.Nos.6518 and 6516 of 2024
Vs.
Udhagamandalam - 643 001.
1/6
W.P. No.5886 of 2024
Prayer
Prayer : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd Respondent to forthwith register the Sale Deed executed by the petitioners in respect of their property situate in D.No.152 having build up area of 511 Sq.Ft situated at main Bazaar, Ootcamund and Door No.245 (old Door Nos.368, 369 and 398 having build up area of 435 Sq.Ft situated at main bazaar and vacant land measuring an extent of 8.35 cents or 3639 Sq.mt comprised in Rs.No.447, T.S.No.H/8/38 and 74 (hereinafter "Schedule property") in light of the representation, dated 30.06.2023 and 07.09.2023 sent by the petitioners' father late Gunasekaran.
For Petitioner : Mr.C.Jeganathan
For Respondent : Mr.B.Vijay Additional Government Pleader
ORDER
This Writ Petition is filed seeking to issue a Writ of Mandamus
directing the 2nd Respondent to forthwith register the Sale Deed executed
by the petitioners in respect of their property situate in D.No.152 having
build up area of 511 Sq.Ft situated at main Bazaar, Ootcamund and Door
No.245 (old Door Nos.368, 369 and 398 having build up area of 435 Sq.Ft
situated at main bazaar and vacant land measuring an extent of 8.35 cents
W.P. No.5886 of 2024
or 3639 Sq.mt comprised in Rs.No.447, T.S.No.H/8/38 and 74, by
considering the representations, dated 30.06.2023 and 07.09.2023 made by
the petitioners' father viz., late Gunasekaran.
Mr.B.Vijay, learned Additional Government Pleader appearing for the Respondents.
the Respondents submitted that no documents have been so far presented
before the 2nd Respondent and without presenting any document in a
proper manner, directly the petitioner has approached this Court. Hence,
he prayed for dismissal of the Writ Petition.
W.P. No.5886 of 2024
produced any token number or date of presentation before the Respondents. Hence, the petitioners are not entitled to the relief sought for
in this Writ petition.
petitioners are at liberty to work out their remedy in the manner known to
law. There shall be no order as to costs.
of 2024 is closed. WMP No.6516 of 2024 is ordered subject to payment of
separate Court fee.
22.03.2024
Index : Yes / No Speaking Order : Yes / No Neutral Case Citation : Yes/No vum
W.P. No.5886 of 2024
To
W.P. No.5886 of 2024
P.VELMURUGAN. J.
vum
W.P. No.5886 of 2024 and W.M.P.No.6518 of 2024
22.03.2024
1 issue framed by the court
Whether the Sub Registrar could be directed to register the petitioners' Sale Deed when no document was presented for registration.
1 provisions across 1 enactments
Dhanalakshmi
Girija Gopalakrishnan
Vanaja
R.Vani
Saravanan
Senthilkumar Gunasekaran
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
