Vasanthi v. The Inspector General Of Registration

In the High Court of Judicature at Madras Dated : 10.1.2025 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.569 of 2025 Vasanthi

...Petitioner

Vs 1.The Inspector General of Registration, Santhome, Chennai-1.

2.The Sub-Registrar, Thiruchengode SRO, Namakkal 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 pertaining to the refusal check slip in proceedings RFL/ Thiruchengode/197/2024 issued by the 2nd respondent, quash the same and consequently direct the 2nd respondent to register the settlement deed presented on 10.12.2024 by the petitioner in respect of property situated in S.No.91/1B4, Pudhu Puliyampatti Village, Thiruchengode Taluk, Namakkal measuring about 4303.5 Sq.ft. and 1881 Sq.ft within a time frame fixed by this Court. For Petitioner :

Mr.K.C.Karl Marx For Respondents :

Mr.M.Shahjahan, SGP 1/4

ORDER

Challenging the refusal check slip issued by the second respondent dated 10.12.2024 refusing to register the settlement deed presented by the petitioner on the ground that the original parent document or a copy of the CSR or a non traceable certificate has not been produced, 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 original parent document does not come within the powers conferred on them. The original parent 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 original parent document 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 original parent 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 settlement deed presented by the petitioner within a period of two weeks from the date of its representation. No costs. 10.1.2025 To 1.The Inspector General of Registration, Santhome, Chennai-1.

2.The Sub-Registrar, Thiruchengode SRO, Namakkal District.

RS 3/4

P.T.ASHA,J RS 10.1.2025 4/4