Disposed

Vijaya v. The Sub-Registrar

Madras HC27 Jan 2025WP(MD)/2275/2025

Case brief

AI extract

What is this about?

Petitioner sought release of a sale deed kept pending by the Sub-Registrar on the ground of an existing mortgage over the property. The court held that a mortgage is no impediment to registering the sale deed and directed registration and forthwith release if otherwise in order.

What did the court decide?

Respondent directed to register the sale deed and release it forthwith, if otherwise in order.

Vijaya Vs The Sub-Registrar — Property and Title | Madras HC (2025)

¶1

W.P.(MD)No.2275 of 2025

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 27.01.2025

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

¶6

W.P.(MD)No.2275 of 2025

¶7

Vijaya ... Petitioner /Vs./ The Sub-Registrar Kannivadi, Dindigul District ... Respondent

¶8

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to release the registered sale deed dated 20.01.2025 which is being kept as pending Document No. P/Kannivadi/3/2025 dated 20.01.2025 vide receipt No. 122/2025 within a time frame by this Court.

¶9

For Petitioner : Mr.D.Venkatesh

¶10

For Respondent : Mr.S.P,Maharajan

¶11

Special Government Pleader

¶12

ORDER

¶13

This Writ Petition has been filed for a direction, directing the

¶14

respondent to release the registered sale deed dated 20.01.2025 which is

¶15

being kept as pending Document No. P/Kannivadi/3/2025 dated 20.01.2025 vide receipt No.122/2025.

¶16

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

¶17

1/4

¶18

W.P.(MD)No.2275 of 2025

¶19

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. Heard the learned counsel on either side and perused the materials placed before this Court.

¶20

3. The petitioner presented the sale deed for registration dated 20.01.2025, now, it is kept pending as pending document No. P/Kannivadi/3/2025, on the ground that the very same property was already mortgaged and the same was registered vide document No. 39/2011. On the date of presentation of the sale deed in respect of the property, the original mortgagee was made over, which was in favour of another persons. On the same day, the petitioner presented the sale deed for registration and executed in favour of a third person. The deed of mortgage is not an impediment for the registering authority to register the same in respect of the very same property.

¶21

4. Therefore, the registering authority cannot keep the document pending on the ground that the mortgage deed is pending.

¶22

2/4 https://www.mhc.tn.gov.in/judis

¶23

W.P.(MD)No.2275 of 2025

¶24

5. In view of the above, the respondent is directed to register the

¶25

sale deed and release the same forthwith, if it is otherwise in order. With

¶26

the above direction, this Writ Petition stands disposed of. No costs.

¶27

27.01.2025

¶28

Internet : Yes/No NCC : Yes / No Index : Yes/No LS

¶29

TO:-

¶30

The Sub-Registrar Kannivadi, Dindigul District

¶31

3/4

¶32

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

¶33

W.P.(MD)No.2275 of 2025

¶34

G.K.ILANTHIRAIYAN, J.

¶35

¶36

Order made in W.P.(MD)No.2275 of 2025

¶37

Dated: 27.01.2025

¶38

4/4 https://www.mhc.tn.gov.in/judis

Vijaya v. The Sub-Registrar

Case brief

What is this about?

What did the court decide?

Vijaya v. The Sub-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

Case details

Similar cases

Arichandran Vs The Sub Registrar

Arthur Joseph Asirvatham Vs The Revenue Divisional Officer

Thanjavur District Tree Climbing Workers Welfare Association Vs The Senior Inspector/Licensing Authority

Rajamaniammal.M Vs The Secretary to Goverment

J. Latha Vs The District Collector

Ranjitham Vs The District Collector