R. Ganesan v. Sub Registrar, Office of Arumanai Sub Registrar, Kanyakumari
2014-08-25
T.S.SIVAGNANAM
body2014
DigiLaw.ai
Judgment : 1. The petitioner seeks for issuance of a Writ of Mandamus to direct the respondent to register the document viz., sale deed presented by him on 02.01.2013 and release the same. 2. The case of the petitioner is that an extent of 2 acres and 21 cents of land in Survey Nos.931/1 and 931/4 situate at Kaliyal Village, Vilavancode Taluk, Kanyakumari District along with standing trees originally belonged to one Selvanayagam by virtue of a decree granted in O.S.No.44 of 1979. On the death of Selvanayagam, the legal heirs of the said Selvanayagam executed a sale deed in favour of the petitioner on 02.01.2013. The said sale deed was presented by the petitioner for registration before the respondent. According to the petitioner, the document has not been registered and they did not inform as to what reason, the document has not been registered. According to the petitioner, he has paid the correct fee and in spite of compliance of all the formalities contemplated under Sections 34 and 35 of the Registration Act, 1908, the document has not been registered. 3. The settled law is that the registering authority cannot withhold the document either without assigning any reason or passing an order refusing registration. According to the respondent, if the market value of the property has not been duly valued, then the respondent has to refer the matter to the competent authority under Section 47-A of the Stamp Act. However, even on such a reference, the document cannot be refused to be returned. Apart from that, if any enquiry is to be conducted under Section 55 of the Registration Act which clearly states the scope within which the respondent can enquire. However, since no orders have been passed by the respondent, this Court is of the view that the respondent should be directed to register and return the document subject to the other formalities. 4. Accordingly, the Writ Petition is allowed and the respondent is directed to register and release the document in question within a period of three weeks from the date of receipt of a copy of this order and if there is any other reason, the same shall be endorsed in the document. No costs.