Petitioner challenged a 2020 refusal to register a sale deed. The court dismissed the petition, noting a three-year delay and the subsequent cancellation of the power of attorney relied upon for the registration. Consequently, connected petitions were closed.
Writ petition dismissed; no costs awarded; connected miscellaneous petitions closed.
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W.P.(MD)No.1630 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.(MD)No.1630 of 2023 and WMP(MD) Nos.1475 & 1476 of 2023
D.Santhosam
... Petitioner
Vs
... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the communication in No.146/2020 dated 28.11.2020 of the Sub - Registrar, Nanguneri, the 2nd respondent herein and quash the same and consequently direct the 2nd respondent to register the sale deed dated 23.12.2019 in application No.TP/81757398/2019 based on the petitioner's representation, dated 15.12.2020.
For Petitioner : Mr. S.Siva Thilakar For Respondents : Mr.S.P.Maharajan Special Government Pleader
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O R D E R
W.P.(MD)No.1630 of 2023
This Writ Petition has been filed seeking challenging the refusal check-slip issued by the 2nd respondent/Sub - Registrar, Nanguneri, dated 28.11.2020.
2.Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents. Perused the materials on record.
3.Challenging the refusal check-slip, dated 28.11.2020, the petitioner has filed this writ petition only in the year 2023. There is absolutely no explanation for the huge delay in challenging the order of the 2 nd respondent. That apart, being the power of attorney of original owner of the property, one Daniel, presented the sale deed, dated 23.12.2019 for registration before the second respondent. Now the power of attorney itself has been cancelled by the said Principal viz., Daniel and the same has been registered in Doc.No.1400/2021 . Therefore, the petitioner has no locus to execute any sale deed in respect of the subject property.
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W.P.(MD)No.1630 of 2023
4.In view of the above, this writ petition stands dismissed. No costs.
Consequently, connected miscellaneous petitions are closed.
06.11.2024
NCC : Yes/No Index : Yes/No PNM
To 1. The District Registrar, District Registrar Office, Tirunelveli District.
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W.P.(MD)No.1630 of 2023
G.K.ILANTHIRAIYAN, J.
PNM
ORDER IN W.P.(MD)No.1630 of 2023 and WMP(MD) Nos.1475 & 1476 of 2023
06.11.2024
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1 issue framed by the court
Whether the writ petition challenging the refusal of a check-slip for registration stands maintainable when the power of attorney under which the sale deed was presented has been cancelled.
D.Santhosam
The District Registrar, District Registrar Office, Tirunelveli District
The Sub - Registrar, Sub Registrar Office, Nanguneri, Tirunelveli District
G.K.Ilanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
