Allowed

J.Saravanakumar v. the Joint Sub Registrar

Madras HC12 Dec 2024WP(MD)/19902/2019

Case brief

AI extract

What is this about?

A writ petition challenged a Sub Registrar's refusal check slip declining registration of a sale agreement, based on a CBI letter about a criminal case against the petitioner's former vendor. The CBI conceded the property was not attached in any proceeding. The High Court quashed the refusal and permitted the petitioner to deal with the property.

What the court decided

AI extract

J.Saravanakumar Vs the Joint Sub Registrar — Property and Title | Madras HC (2024)

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W.P(MD)No.19902 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 12.12.2024

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CORAM

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THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

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W.P(MD)No.19902 of 2019 and W.M.P(MD)No.16400 of 2019

J.Saravanakumar

... Petitioner

1.The Joint Sub Registrar, Joint – II, Melur Road, Sivagangai – 630 561.

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2.The Central Bureau of Investigation, Through its Deputy Inspector General, Bhubaneshwar – 751 012. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the impugned Memo in Aaivu Kurippucheetu No.2/2019 dated 12.09.2019 on the file of the first respondent and quash the same as illegal and further direct the first respondent to register the sale agreement dated 10.09.2019 executed by the petitioner in respect of the property in S.No.16/2 situated in Kadambankulam Group, Navithan Usilankulam Village, Sivagangai District.

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

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W.P(MD)No.19902 of 2019

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For Petitioner	: Mrs.Selva Aditya for Mr.G.Prabhu Rajadurai
For R – 1	: Mr.S.P.Maharajan Special Government Pleader
For R – 2	: Dr.M.D.Poornachari Standing Counsel

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ORDER

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This Writ Petition has been filed by the petitioner

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challenging the refusal check slip issued by the first respondent dated 12.09.2019, thereby refusing to register the agreement for sale dated 10.09.2019 for registration in respect of the property comprised in Survey No.16/2 situated at Kadambankulam Group, Navithan Usilankulam Village, Sivagangai District.

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2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

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3.The petitioner had purchased the property to the extent of 33 acres of punja land comprised in several survey numbers situated at Kadambankulam Group, Navithan Usilankulam

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

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W.P(MD)No.19902 of 2019

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Village, Sivagangai District from M/s.Sastra Enterprises Limited by the registered sale deed dated 14.12.2010 through its power of attorney. Thereafter, the petitioner laid out the subject land and converted it into house sites in respect of some extent of the property. Thereafter, all the house plots were sold out in favour of various third parties. The remaining land admeasuring 6.06 acres is only available with the petitioner. The petitioner entered into an agreement for sale with one Rajasekar to an extent of 50 cents dated 10.09.2019. It was presented for registration. However, the first respondent refused to register the same on the ground that the second respondent submitted a letter saying that the said property is required on the ground that the petitioner's vendor was involved in a criminal case that too in the State of Orissa.

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4.On instructions, Mr.Dr.M.D.Poornachari, learned Standing Counsel appearing for the second respondent would submit that a criminal case was registered as against M/s.Sastra Enterprises and it was ended in conviction and sentenced all the accused persons, which were also completed. However, the subject property is not all attached in any of the proceedings.

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W.P(MD)No.19902 of 2019

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5.In view of the above, the impugned refusal check slip dated 12.09.2019 issued by the first respondent cannot be sustained and it is liable to be quashed.

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6.Accordingly, the impugned refusal check slip dated

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12.09.2019 issued by the first respondent is quashed. The petitioner can deal with the property comprised in Survey No.16/2 situated at Kadambankulam Group, Navithan Usilankulam Village, Sivagangai District.

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7.With the above direction, this Writ Petition is allowed.

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There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

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12.12.2024

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NCC : Yes / No Index : Yes / No Internet : Yes ps

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

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W.P(MD)No.19902 of 2019

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1.The Joint Sub Registrar, Joint – II, Melur Road, Sivagangai – 630 561.

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2.The Central Bureau of Investigation, Through its Deputy Inspector General, Bhubaneshwar – 751 012.

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

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W.P(MD)No.19902 of 2019

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G.K.ILANTHIRAIYAN, J.

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Order made in W.P(MD)No.19902 of 2019

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12.12.2024

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

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J.Saravanakumar v. the Joint Sub Registrar

Case brief

What is this about?

What the court decided

J.Saravanakumar v. the Joint Sub Registrar

Case brief

What is this about?

What the court decided

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