S.Mani v. The District Registrar
In the High Court of Judicature at Madras Dated : 23.1.2025 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition Nos.1340 & 1342 of 2025 S.Mani
...Petitioner in
in both WPs Vs 1.The District Registrar, District Registrara Office, Krishnagiri District.
2.The Joint Sub-Registrar-2, Joint Sub-Registrar Office, Krishnagiri, Krishnagiri District.
...Respondents
in both WPs PETITIONS under Article 226 of The Constitution of India praying for the issuance of (i) a Writ of Certiorarified Mandamus to call for the records relating to the impugned proceedings dated 07.11.2024 made in refusal check slip in RFL/2 The Joint Sub-Registrar No.2 Krishnagiri/ 131/2024 on 07.11.2024 issued by the 2nd respondent, quash the same as illegal, improper, unreasonable, arbitrary and against the principles of natural justice and thereby direct the 2nd respondent to register the settlement deed dated 07.11.2024 presented by the petitioner (WP.No.1340 of 2025); and 1/5
(ii) a Writ of Certiorarified Mandamus to call for the records relating to the impugned proceedings dated 07.11.2024 made in refusal check slip in RFL/2 The Joint Sub-Registrar No. 2 Krishnagiri/ 132/2024 on 07.11.2024 issued by the 2nd respondent, quash the same as illegal, improper, unreasonable, arbitrary and against the principles of natural justice and thereby direct the 2nd respondent to register the settlement deed dated 07.11.2024 presented by the petitioner (WP.No.1342 of 2025).
For Petitioner in both WPs :
Mr.B.Sundarapandiyan For Respondents in both WPs :
Mr.M.Shahjahan, SGP COMMON ORDER Challenging the check slips issued by the second respondent dated 07.11.2024 refusing to register the settlement deeds presented by the petitioner on the ground that the original parent documents were not produced for verification, 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, in both the cases.
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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 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 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 parent document is without any basis.
4. Accordingly, the writ petitions are allowed, the impugned refusal check slips are set aside and the second respondent is directed to register the settlement deeds presented by the petitioner within a period of two weeks from the date of its representation. No costs. The Special Government Pleader is entitled to separate fees in each of the cases.
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P.T.ASHA,J RS To 1.The District Registrar, District Registrara Office, Krishnagiri District.
2.The Joint Sub-Registrar-2, Joint Sub-Registrar Office, Krishnagiri, Krishnagiri District.
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