PACHIAMMAL Vs. THE SUB REGISTRAR, SALEM DISTRICT

JUDGEMENT

(1.) Laying challenge to the order of the respondent dtd. 1/3/2016 and seeking a direction to the respondent to release the consent deed dtd. 19/11/2015, the petitioner filed this writ petition.

(2.) The petitioner is the purchaser of the properties measuring an extent of 1.81 acres comprised in Survey No.469/2B1B between October 2012 and March 2013, from the legal heirs of one Kunjupaiyan, which, they partitioned among themselves vide document No.1076/2011, dtd. 17/3/2011. Earlier there was an oral partition during December 2005 between the legal heirs of one Meiya Gounder @ Mek Gounder, which includes the father of the petitioner's vendors and the said property was his share.

(3.) The petitioner, in order to avail loan, produced the sale deeds along with the partition deed dtd. 17/3/2011 to the Indian Overseas Bank, Edappadi Branch. He was asked to produce the consent letter from the other legal heirs of Meiya @ Mek Gounder. Accordingly, he obtained consent deed dtd. 19/11/2015 and registered it as document No.803/2016 on the file of the respondent, after paying a sum of Rs.4,225.00 as registration charges and the stamp duty of Rs.15,455.00, being 1% of the market value of the property. But the respondent did not return the registered document to the petitioner, though he made requests umpteen number of times in person in this regard.