Kaliyannan v. The Sub Registrar

In the High Court of Judicature at Madras Dated : 23.1.2025 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.1478 of 2025 Kaliyannan

...Petitioner

Vs The Sub-Registrar, Chennimalai Sub-Registrar Office, Erode District-638051.

...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 pertaining to the impugned order dated 17.12.2024 under refusal Number RFL/Chennimalai/68/2024 passed by the respondent, quash the same and consequentially issue direction directing the respondent to register the gift settlement deed dated 17.12.2024. For Petitioner :

Mr.R.Marudhachalamurthy For Respondent :

Mr.B.Vijay, AGP

ORDER

Challenging the check slip issued by the respondent dated 17.12.2024 refusing to register the gift settlement deed presented by the petitioner on the ground that the original parent document has not 1/4

been furnished for verification, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader 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 original parent document does not come within the powers conferred on them. The original parent document, which the respondent demands production, is a document, which has been registered in the office of the respondent. The veracity of the original parent 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 original parent document is without any basis.

4. Accordingly, the writ petition is allowed, the impugned refusal check slip is set aside and the respondent is directed to register the gift settlement deed presented by the petitioner within a period of two weeks from the date of its representation. No costs. 23.1.2025 2/4

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P.T.ASHA,J RS To The Sub-Registrar, Chennimalai Sub-Registrar Office, Erode District-638051.

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