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Madras High CourtWP/882/2025allowed

S.Alamelu v. The Sub Registrar

2025-01-20Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No.882 of 2025 and W.M.P.No.1055 of 2025 1.Mrs.S.Alamelu 2.Mrs.P.Lakshmi 3.Mrs.P.Premalatha 4.Ms.P.Maaya 5.Mr.P.Balaji ... Petitioners Vs.

The Sub Registrar Kammapuram Sub Registrar Office, Viruthachalam Registration District, Cuddalore 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 of the Respondent culminating in passing the Impugned Check Slip bearing No.RFL/Kammapuram/115/2024, dated 09.12.2024 and quash the same and directing the respondent to register the sale deed dated 09.10.2024 presented by the petitioners within a time framed as fixed by this Court.

For Petitioners : Mr.A.Velmurugan For Respondent : M/s.M.Shahjahan, Spl.GP.

for sole respondent.

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O R D E R

Challenging the refusal check slip bearing No. RFL/Kammapuram/115/2024, dated 09.12.2024 issued by the respondent against the registration of a sale deed dated 09.10.2024 presented by her, 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. 2/4

5. Accordingly, the Writ Petition is allowed. The impugned order dated 09.12.2024 is quashed. The respondent is directed to register the sale deed dated 09.10.2024, within a period of two weeks from the date of representation by the petitioner. No costs. Consequently, the connected Miscellaneous Petition is closed.

20.01.2025 nvi Index : Yes/No Speaking Order: Yes/No To :

The Sub Registrar, Kammapuram Sub Registrar Office, Viruthachalam Registration District, Cuddalore District.

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

nvi W.P.No.882 of 2025 and W.M.P.No.1055 of 2025 20.01.2025 4/4