K. JEGANNATHAN Vs. INSPECTOR GENERAL OF REGISTRAR

JUDGEMENT

(1.) The petitioner has filed the above Writ Petition to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the proceedings dated 06.01.2015 on the file of the 3rd respondent, to quash the same and further directing the 3rd respondent to register the sale deed dated 02.01.2015 executed by the respondents 4 and 5 in favour of the petitioner after issuing notice to the respondents 4 and 5 and also conducting appropriate enquiry under the provisions of Registration Act.

(2.) It is the case of the petitioner that the respondents 4 and 5 executed a sale deed dated 02.01.2015 in his favour, however, the said document was refused to be registered by the 3rd respondent on the ground that the parent documents were not produce before him. Thereafter, the petitioner filed an application before the 3rd respondent seeking for compulsory registration of the document under section 36 of the Registration Act read with Rule 68 of the Registration Rules. Further, it is the case of the petitioner that the respondents 4 and 5 have received the entire sale consideration of Rs.6,00,000/- [Rupees six lakhs only] by way of Demand Draft dated 02.01.2015. However, the 3rd respondent refused to register the document compulsorily by the impugned order dated 06.01.2015 stating that the petitioner should approach the District Registrar (Administration) or the appropriate Civil Court.

(3.) Mr. M. Guruprasad, learned counsel appearing for the petitioner submitted that subsequent to the filing of the Writ Petition, the respondents 4 and 5 had sold the property to one S.Manoharan and N.Athiappan by a registered sale deed dated 31.01.2018 vide Document No. 448/2018 on the file of the 3rd respondent, therefore, the petitioner has filed a Civil Suit in O.S.No.28 of 2018 on the file of the Principal District Munsif Court, Rasipuram, seeking to cancel the sale deed dated 31.01.2018 and for other reliefs.