R.Palanisamy Gounder v. The Sub Registrar

In the High Court of Judicature at Madras Dated : 21.1.2025 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.1238 of 2025 R.Palanisamy Gounder

...Petitioner

Vs The Sub-Registrar, Sub-Registrar, Vellakoil, Kangeyam Taluk, Tiruppur District.

...Respondent

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order of refusal check slip in RFL/ Vellakoil/55/2024 dated 30.10.2024 passed by the respondent, quash the same and consequently direct the respondent to register the sale deed dated 30.10.2024 executed in the petitioner's name in respect of 1.40 acres out of 2.80 acres in R.S.No.226/1 (old S.No.736/1A measuring Punjai Acre 4.37) of Muthur Village, Kangeyam Taluk, Tiruppur District.

For Petitioner :

Mr.N.Manoharan For Respondent :

Mr.C.Sathish, GA 1/5

ORDER

Challenging the refusal check slip issued by the respondent dated 30.10.2024 refusing to register the settlement deed presented by the petitioner on the ground that the previous original document has not been produced, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Government Advocate accepting notice for the respondent.

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 respondent demands production, is a document, which has been registered in the office of the respondent. The veracity of the previous original document can be verified by perusing the details available in the office of the respondent. Even on this ground, the demand for production of the previous original document is without any basis. 2/5

3/5

4. Accordingly, the writ petition is allowed, the impugned refusal check slip is set aside and the respondent is directed to register the settlement deed presented by the petitioner within a period of two weeks from the date of its representation. No costs. 21.1.2025 To The Sub-Registrar, Sub-Registrar, Vellakoil, Kangeyam Taluk, Tiruppur District.

RS 4/5

P.T.ASHA,J RS 21.1.2025 5/5