Anandan v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2025

CORAM

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

The Sub Registrar, Vellakovil Sub Registrar Office, Tiruppur District.

...Respondent

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, calling for the records relating to the impugned order made in refusal Check Slip dated 11.12.2024 in RFL/Vellakovil/2024 quash the same and consequently direct the respondent to register settlement deed dated 11.12.2024 by verifying the certified copies of the parent documents and Encumbrance Certificate without insisting for Original Parent Deeds. For Petitioners : Mr.R.Prabakar For Respondent : M/s.M.Shahjahan, Special Government Pleader ********* 1/5

O R D E R

Challenging the refusal check slip bearing No. RFL/Vellakovil/2024, dated 11.12.2024 issued by the respondent against the registration of a settlement deed dated 11.12.2024 presented by him, the petitioner is before this Court.

2. The 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 respondent is duty bound to register the document. That apart this Court has time and again issued directions that the Registering 2/5

Authorities should not insist on the production of the original documents.

5. Accordingly, the Writ Petition is allowed. The impugned order dated 11.12.2024 is quashed. The respondent is directed to register the sale deed dated 11.12.2024, within a period of two weeks from the date of representation by the petitioner. No costs.

24.01.2025 nvi Index : Yes/No Speaking Order: Yes/No To :

The Sub Registrar, Vellakovil Sub Registrar Office, Tiruppur District 3/5

P.T. ASHA . J., nvi 4/5

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