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2012 DIGILAW 241 (MAD)

M. Karthikeyan v. The Sub Registrar, Arrakonam Sub Registrar Office, Arrakonam

2012-01-12

VINOD K.SHARMA

body2012
Judgment :- 1. The petitioner has approached this Court with a prayer for issuance of writ in the nature of mandamus directing the respondent to return the Rectification Deed dated 13.12.2010. 2. It is the case of the petitioner that he purchased 61 cents of land from S.Veeran on 28.05.2007 under a registered Sale Deed bearing Document No.4320/2007 on the file of the Sub Registrar No.2, Arakkonam. That in the Sale Deed certain wrong survey numbers, which needed rectification. The petitioner with the consent of the Vendor filed a Rectification Deed for registration, which is not being handed back to the petitioner, inspite of number of requests and the representations. 3. The learned counsel for the respondent opposes the writ by contending that the Rectification Deed did not contain the correct survey numbers, and that the survey numbers which are shown to have been sold to the petitioner do not belong to the Vendor. 4. This cannot be a ground for the respondent to withhold the Rectification Deed. The respondent is under statutory duty to register the deed and hand it over to the petitioner or refuse its registration so as to enable the petitioner to avail his statutory remedy under the Registration Act. The respondent, has failed to perform the statutory duty vested in him under law. 5. Consequently, a writ of mandamus is issued to the respondent directing him to hand back the Rectification Deed in accordance with law, or in the alternative pass an order rejecting the request of the petitioner by passing a speaking order, so as to enable the petitioner to avail remedies under the Act. The needful be done in accordance with law, within one month of the receipt of certified copy of this order. 6. No costs.