M P MARIMUTHU Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) SEEKING a writ of certiorarified mandamus to quash the proceedings of the second respondent in M. A. No. 431/2007 dated 22. 8. 2007, and consequently direct the respondents 1 to 2 to register the sale deed dated 22. 8. 2007, and release the same after due registration, to the petitioner, this writ petition has been brought forth.

(2.) THE affidavit in support of the petition is perused. The Court heard all the learned Counsel on either side.

(3.) THE case of the petitioner who seeks the relief, in short is that by the proceedings of the Tahsildar, Kangeyam, dated 27. 1. 1992, patta has been issued to 27 persons for the lands situated in Old Survey No. 144/b corresponding to New survey No. 340/3 and 346/2 situated in Kangeyam Village; that the said lands were purchased by one Karuppasamy and others; that the petitioner has paid the consideration for a portion of the said lands to two of its owners who have executed a sale deed in his favour on 22. 8. 2007; that the said document was placed for registration on the very day; that the second respondent without registering the document, has returned the same by stating that as per the instructions of the first respondent, registration could be done only after waiting for 45 days and thereby, has given time to H. R. and c. E. Department to produce the court's order in that regard; that the petitioner came to know from the said order that there was an objection which appeared to have been made by the fourth respondent towards the registration; but, no objection was raised at the time of the issuance of patta in favour of the vendor, and thus, as on today, the vendor of the petitioner is not only the owner, but also in actual possession of the property; that with the owners of the property, the petitioner has also entered into sale transaction and paid the entire consideration; that while those documents are placed for registration, the registering authority cannot adjourn the registration calling for production of certain documents from the H. R. and C. E. Department, which raised objection, which is illegal, and under the circumstances, it becomes necessary that the order passed calling for production of the documents by the H. R. and c. E. Department and adjourning it for the purpose of registration after 45 days has got to be quashed and a direction be issued to the second respondent to register the document as one required in law.