Nallaselvam v. The Sub Registrar

In the High Court of Judicature at Madras Dated : 24.1.2025 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.1574 of 2025 Nallaselvam

...Petitioner

Vs The Sub-Registrar, Mulanoor Sub-Registrar Office, Tiruppur District.

...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 relating to the impugned order made in refusal check slip dated 05.12.2024 in RFL/Mulanur/59/2024, quash the same and consequently direct the respondent to register settlement deed dated 05.12.2024 by verifying the certified copies of the parent documents and encumbrance certificate without insisting for original parent deeds. For Petitioner :

Mr.R.Prabakar For Respondent :

Ms.C.Meera Arumugam, AGP

ORDER

Challenging the check slip issued by the respondent dated 05.12.2024 refusing to register the settlement deed presented by the petitioner on the ground that original parent document has not been 1/4

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 settlement deed presented by the petitioner within a period of two weeks from the date of its representation. No costs. 24.1.2025 2/4

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P.T.ASHA,J RS To The Sub-Registrar, Mulanoor Sub-Registrar Office, Tiruppur District.

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