Pachiyammal v. The Inspector General Of Registration,

In the High Court of Judicature at Madras Dated : 20.1.2025 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.910 of 2025 Pachiyammal

...Petitioner

Vs 1.The Inspector General of Registration, Registration Department, Government of Tamil Nadu, Santhome, Chennai-4.

2.The Sub-Registrar, Mecheri Registration Office, Mecheri.

636453. Mettur Taluk, Salem District.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of the impugned refusal order dated 16.12.2024 in Refusal No. RFL/MECHERI/34/2024 passed by the 2nd respondent, quash the same and consequently direct the 2nd respondent to register the sale deed of the petitioner dated 09.12.2024 for its registration forthwith. For Petitioner :

Mr.M.R.Jothimanian For Respondents :

Mr.M.Shahjahan, SGP 1/4

ORDER

Challenging the check slip issued by the second respondent dated 16.12.2024 refusing to register the sale deed presented by the petitioner on the ground that the previous original document has not been furnished for verification, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for the respondents.

3. This Court has, time and again, issued instructions to the Registering Authorities to act within the confines of the powers conferred under the Indian Registration Act. In the considered view of this Court, the insistence of production of the previous original document does not come within the powers conferred on them. The previous original document, which the second respondent demands production, is a document, which has been registered in the office of the second respondent. The veracity of the same can be verified by perusing the details available in the office of the second respondent. Even on this ground, the demand for production of the previous original document is without any basis.

2/4

4. Accordingly, the writ petition is allowed, the impugned refusal check slip is set aside and the second respondent is directed to register the sale deed presented by the petitioner within a period of two weeks from the date of its representation. No costs. 20.1.2025 To 1.The Inspector General of Registration, Registration Department, Government of Tamil Nadu, Santhome, Chennai-4.

2.The Sub-Registrar, Mecheri Registration Office, Mecheri.

636453. Mettur Taluk, Salem District.

RS 3/4

P.T.ASHA,J RS 20.1.2025 4/4