R.Lakshmi v. The Sub Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA R.Lakshmi ... Petitioner Vs.
The Sub Registrar Thookanaicken Palayam, Erode.
...Respondent
Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, call for the entire records pertaining to the impugned Refusal Check Slip No.RFL/Thookanaicken Palayam/1/2025 dated 07.01.2025 passed by the respondent and to quash the same as illegal, incompetent and untra-vires and consequently direct the respondent to register the settlement deed dated 07.01.2025 without insisting for the production of original parent document within the time stipulated by this Court.
For Petitioner : Mr.Ma.P.Thangavel 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 issued by the respondent against the registration of a settlement deed dated 07.01.2025 presented 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 07.01.2025 is quashed. The respondent is directed to register the settlement deed dated 07.01.2025, within a period of two weeks from the date of representation by the petitioner. No costs. 20.01.2025 nvi Index : Yes/No Speaking Order: Yes/No To The Sub Registrar Thookanaicken Palayam, Erode.
P.T. ASHA . J., 3/4
nvi 20.01.2025 4/4