S RANGARAJAN Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) THE writ petition is filed by the petitioner challenging the return endorsement made by the second respondent, Sub-registrar, Srirangam, on 09.03.2005 and for a consequential direction to direct the Sub-registrar to register the petitioner's Sale Deed in respect of house property and land in Old door No.1092, (New Door No.45), coming under Ward 1, Melachitrai Street, in T.S.No.2084 Block, 53, Vellithirumutham Village, Srirangam Town.

(2.) THE writ petition was admitted on 07.04.2005 and notice was ordered to the respondents. On behalf of the third respondent temple, certain documents were filed in the typed set of papers. THE petitioner has also filed an additional affidavit dated 15.09.2008.

(3.) STRONG reliance is placed upon the judgment of the Supreme Court reported in 2007 (3) CTC 513, wherein the Supreme Court has held that Section 22-A of the Registration Act is ultra vires. Therefore, it was contended that any G.O. issued tracing its sources of power to Section 22-A of the Registration Act is also invalid. Exception was also taken to the third respondent in not having filed any counter. A further statement was made that Inam C.M.A.No.32/1978 ordered by the Fifth Additional Subordinate Judge, Trichirappali, cannot be a final document. It is also stated that from the date of purchase, the petitioner is in possession and enjoyment and therefore, the Sub-registrar should be directed to register the sale deed in favour of the petitioner.