W.P.(MD).No.3900 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 10.03.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE

W.P.(MD).No.3900 of 2022

R.Arokiadoss

... Petitioner

Vs.

The Sub Registrar,

O/o.the Joint Registrar-I,

Thanjavur,

Thanjavur District.

...Respondent

Prayer : Writ Petition filed under Article 226 of the Constitution

of India, praying this Court to issue a Writ of Mandamus, directing

the respondent to register the sale deed dated 02.09.2021 executed

by the petitioner and kept as a pending document in P.No.20/2021

dated 03.09.2021 on the file of this respondent office and return

the same after its registration within the period that may be

stipulated by this Court.

For Petitioner

: Mr.Ajmal Khan,

Senior Counsel

for M/s.Ajmal Associates

For Respondent

: Mr.S.Shanmugavel

Additional Government Pleader.

ORDER

This Writ Petition has been filed for a Mandamus to direct the

respondent to register the sale deed dated 02.09.2021 executed by

the petitioner and kept as a pending document in P.No.20/2021 dated

03.09.2021 on the file of the respondent and to return the same

after its registration within a time frame to be fixed by this

Court.

2. Heard Mr.Ajmal Khan, learned Senior Counsel appearing for

the petitioner and Mr.S.Shanmugavel, learned Additional Government

Pleader, who accepts notice for the respondent.

3. At the outset, Mr.Ajmal Khan, learned Senior Counsel

appearing for the petitioner would submit that, even though a

positive direction has been sought for by the petitioner requesting

for release of the pending document, namely, the sale deed dated

02.09.2021, which was presented by the petitioner for registration,

the petitioner is now satisfied, if a decision is taken by the

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W.P.(MD).No.3900 of 2022

respondent as to whether the sale deed can be returned to the

petitioner after registration or the registration will have to be

refused.

4. Admittedly, no decision has been taken, despite intimating

the petitioner on 03.09.2021 that the said document is kept pending

in view of the respondent's contention that further scrutiny is

required to be done before registering the document. Even though

the said intimation was given as early as on 03.09.2021, no final

decision has been taken by the respondent till date.

5. On instructions, Mr.Ajmal Khan, learned Senior Counsel

appearing for the petitioner would submit that the petitioner is

satisfied if a decision is taken by the respondent one way or the

other. He seeks liberty of this court, in case the respondent takes

an adverse decision against the petitioner, the petitioner may be

permitted to challenge the same in the manner known to the

petitioner under law. It is also contended, that the petitioner has

filed documents along with the Writ Petition, to claim that the

petitioner is the authorised power agent of the owner of the land

which is the subject matter of the sale deed presented by the

petitioner for registration and is the subject matter of this Writ

Petition. He has filed patta, chitta adangal in respect of the said

land to prove the ownership of the petitioner's principal.

6. No prejudice would be caused to the respondent, if a final

decision is taken within a time frame to be fixed by this Court, as

the document has been kept pending ever since 02.09.2021, when the

same was presented for registration.

7. After hearing the submissions made by the respective

counsels, this Court directs the respondent to take a final decision

with regard to the registration of the sale deed presented by the

petitioner for registration, which is the subject matter of this

Writ Petition, within a period of two (2) weeks from the date of

receipt of a copy of this order.

8. With the aforesaid direction, this Writ Petition is disposed

of. However, liberty is granted to the