R SENTHURPANDIAN Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) The petitioner has filed the present Writ Petition for issuance of a Writ of Certiorarified Mandamus, to quash the order passed by the third respondent in check slip No.1 of 2017, dated 08.11.2017 and consequently, to direct the third respondent to register the sale deed in respect of the land belonged to the petitioner in old Survey No.489/2C and new Survey No.489/5 in patta No.1816 situated at Melamadai Village, Sathur Taluk, Virudhunagar District.

(2.) The petitioner is owning a land in old Survey No.489/2C and now sub- divided in Survey No.489/5 in patta No.1816 to the total extent of 0.9.50 hectares at Melamadai Village, Sathur Taluk, Virudhunagar District. The petitioner had purchased the said property from one Veluthevar and his wife Rajeshwari by way of a registered sale deed on 05.09.1996 in Document No.2256 of 1996. The petitioner had constructed a building and running a match box packing factory in the part of the said land in the name and style of 'Manibala packaging' and the remaining area is kept as a vacant site and the petitioner's building has been numbered as 3-1.

(3.) The petitioner further submits that the land originally belonged to Periyaveyilumuthu Thevar, S/o.Perumal Thevar, Natchiyarammal, W/o.Periyaveyilumuthu Thevar, Veerappa Thevar, S/o.Periyaveyilumuthu Thevar and Shanmuga Thevar, S/o.Periyaveyilumuthu Thevar and they all belongs to one family. The said Shanmuga Thevar, S/o.Periyaveyilumuthu Thevar had executed a sale deed in favour of one Perumal Ammal, W/o.Goplalathevar, by which he was entitled for an extent of 80 cents. The said sale deed was registered as Document No.1919 of 1942. The said Perumal Ammal executed a sale deed in favour of one Krishnasamithevar and Guruvammal in the year 1948, which was registered as Document No.204 of 1948. The said Krishnasamithevar and Guruvammal sold it to one Veluthevar in the year 1977, which was registered as Document No.1913 of 1977, who in-turn sold the same to the petitioner herein in the year 1996, which was registered as Document No.2256 of 1996. The petitioner has decided to sell the property in favour of a third party. Hence, the petitioner approached the third respondent to register the sale deed, but the third respondent had refused to register the said sale deed by his proceedings in check slip No.1 of 2017, dated 08.11.2017.