1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.6845 of 2011 and M.P(MD)Nos.1 and 2 of 2011 R.S.Vijaya .. Petitioner Vs. The Sub-Registrar No.1, Sub-Registrar Office, Ramanathapuram District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the order of the respondent under Va.No.1/2011, dated 24.06.2011 and to quash the same as illegal and improper and further direct the respondent to register the sale deed dated 22.06.2011, executed by the petitioner in favour of D.Hariramu. For Petitioner : Mr.K.R.Laxman For Respondent : Mr.M.Govindan Special Government Pleader O R D E R This Writ Petition has been filed to quash the order of the respondent under Va.No.1/2011, dated 24.06.2011 and to direct the respondent to register the sale deed, dated 22.06.2011, executed by the petitioner in favour of D.Hariramu. 2. Heard Mr.K.R.Laxman, learned counsel for the petitioner and Mr.M.Govindan, learned Special Government Pleader, who takes notice for the respondent. 3. By consent, the writ petition itself is taken up for final hearing. 4. This Writ petition has been filed challenging the proceedings of the respondent whereby he has raised certain queries as to the right, title and interest of the petitioner in the property. 5. According to the petitioner, the respondent has no authority to go into the issue of title to the property and he relies on the order of this Court made in W.P.No.4952 of 2011, dated 18.03.2011 and in particularly, he relies on Paragraph No.5 of that order which reads as follows: https://hcservices.ecourts.gov.in/hcservices/ 2 "5. Law is well settled that it is not for the registering authority to investigate the title in respect of the property which is the subject matter of the document produced before him." 6. Therefore, the petitioner pleads that the authority has exceeded his jurisdiction in issuing the impugned proceedings. 7. The learned Special Government Pleader submits that the authority will decide the issue based on the reply that may be submitted by the petitioner and take final decision after affording an opportunity to the petitioner. 8. The impugned proceedings is in the nature of a query to submit certain documents. The authority has not indicated the nature of documents required. The petitioner is therefore directed to submit a detailed reply to the said proceedings indicating the legal plea that has been taken by the petitioner and on such representation being made along with the copy of this order the concerned authority is directed to dispose of the same keeping in mind the order of this Court passed in W.P.No.4952 of 2011, dated 18.03.2011. A decision on merits to be taken within a period of four weeks from the date of receipt of a copy of this order. 9. With the above direction, this Writ Petition is disposed of. No Costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To The Sub-Registrar No.1, Sub-Registrar Office, Ramanathapuram District. +1 CC to Special Government Pleader (SR.No.21693) W.P.(MD)No.6845 of 2011 04.07.2011 pm NSV/14.07.11/2P/3C https://hcservices.ecourts.gov.in/hcservices/