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Madras High CourtWP/1368/2025allowed

Karunaiyammal v. The Sub Registrar

2025-01-22Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Karunaiyammal ... Petitioner Vs.

1. The Sub Register, Chengam Sub Register Office, Thiruvannamalai District.

2. Sivakumar

...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 pertaining to the Impugned Refusal Check Slip No.RFL/Chengam/684/2024, dated 27.12.2024, issued by the 1st respondent and quash the same and consequently direct the 1st respondent to register the Sale Agreement Dated 27.12.2024, which was presented by the petitioner and others.

For Petitioner : Mr.Vijaya Ragavan For Respondent : Mr.C.Sathish, Government Advocate

O R D E R

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Challenging the refusal check slip bearing No. RFL/Chengam/684/2024, dated 27.12.2024 issued by the 1st respondent against the registration of a Sale Agreement Dated 27.12.2024 presented by her, the petitioner is before this Court.

2. The 1st 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 1st respondent is duty bound to register the document.

5. Accordingly, the Writ Petition is allowed. The impugned order 2/4

dated 27.12.2024 is quashed. The 1st respondent is directed to register the sale agreement dated 27.12.2024, within a period of two weeks from the date of representation by the petitioner. No costs. 22.01.2025 nvi Index : Yes/No Speaking Order: Yes/No To :

The Sub Register, Chengam Sub Register Office, Thiruvannamalai District.

P.T. ASHA . J., 3/4

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