Ayyammal v. Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and W.M.P.No.2451 of 2025 1.Ayyammal 2.Sivaraj 3.V.Tamizhselvi ... Petitioners Vs.

1.The Inspector General of Registration, Santhome High Road, Chennai - 600 004.

2. The District Registrar, Coimbatore.

3. The Sub Registrar, Singanalur, Coimbatore District.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, to call for the records ending with the order of the third respondent dated 20.11.2024 and made in his order in refusal check slip in Refusal Number RFL/MABDHUKARAI/31/2024, and to quash the same and consequently direct the third respondent to receive the partition deed dated 20.11.2024 and to register the same.

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For Petitioners : Mr.N.Ishtiaqahmed For Respondents : Mr.P.Harish, Government Advocate *********

O R D E R

Challenging the refusal check slip Refusal Number RFL/MABDHUKARAI/31/2024, issued by the third respondent against the registration of a partition deed dated 20.11.2024 presented by them, the petitioners are before this Court.

2. The third respondent had refused to register the said document on the ground that the parent documents were not produced at the time of registration.

3. Heard the learned counsels on the either side and perused the records.

4. Section 22- A of the Registration Act, which is inserted by the Tamil Nadu Act 48 of 1997, sets out the grounds under which the Sub Registrar could refuse the registration. The reason that is given in the impugned order does not come within any of the grounds given in Section 22-A of the Registration Act. Therefore, the impugned order is not sustainable. The third respondent is duty bound to register the document. 2/4

5. Accordingly, the Writ Petition is allowed. The impugned order dated 20.11.2024 is quashed. The third respondent is directed to register the partition deed dated 20.11.2024, within a period of two weeks from the date of representation by the petitioners. No costs. Consequently, the connected Miscellaneous Petition is closed.

28.01.2025 nvi Index : Yes/No Speaking Order: Yes/No To :

1.The Inspector General of Registration, Santhome High Road, Chennai - 600 004.

2. The District Registrar, Coimbatore.

3. The Sub Registrar, Singanalur, Coimbatore District.

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P.T. ASHA . J., nvi W.P.No.2087 of 2025 and W.M.P.No.2451 of 2025 28.01.2025 4/4