Thavamani Pandian vs The Sub-Registrar on 13 December, 2010

       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS
						
DATED: 13.12.2010

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN

W.P.No.24143 of 2010
And
M.P.No.1 of 2010


Thavamani Pandian                                                             ... Petitioner

Vs

1.The Sub-Registrar,
   Coimbatore main,
   Collector Office campus,
   State Bank Road,
   Coimbatore-640 018.

2.P.G.Pazhani Kumar                                                            ... Respondents
 Prayer:
	Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent not to release the document pertaining to the sale deed dated 23.09.2010 without conducting enquiry to satisfy about the payment towards the consideration in respect of the property bearing site no.204 in S.F.No.593/1 measuring about 6412 Sq.ft. in Kurichi village Coimbatore District as per the representation dated 23.09.2010.

	For Petitioner	: M/s.V.Manohar  
	For Respondents	: Mr.S.Gopinathan, AGP for R1 


ORDER

This writ petition has been filed praying for Writ of Mandamus to direct the first respondent not to release the document pertaining to the sale deed, dated 23.09.2010, without conducting an enquiry to satisfy himself about the payment made as the consideration, in respect of the sale of the property in question.

2.The learned counsel appearing on behalf of the first respondent had submitted that it is not open to the first respondent to go into the question as to whether proper consideration had passed between the parties to the said sale deed, especially, after the document in question had been registered.

3.The learned counsel appearing on behalf of the petitioner has not been in a position to show that the first respondent has the authority or jurisdiction to retain the document in question, after it had been registered, based on the issue relating to the consideration, in respect of the sale of the property in question.

4.As such the writ petition is devoid of merits. Hence, it is dismissed. No costs. However, it is made clear that it would be open to the petitioner to raise all the issues available to him, before the appropriate civil forum, in the manner known to law. Consequently, the connected miscellaneous petition is also closed.

13.12.2010
Index:Yes/No
Internet:Yes/No
pri

To

1.The Sub-Registrar,
Coimbatore main,
Collector Office campus,
State Bank Road,
Coimbatore-640 018.

M.JAICHANDREN,J.

pri

W.P.No.24143 of 2010
And
M.P.No.1 of 2010

13.12.2010