Govindaraj v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.4178 of 2025 and WMP No.4673 of 2025 Govindaraj ..Petitioner Vs.

1. The District Registrar, District Registrar Office, Kallakurichi District.

2. The Sub Registrar, Vadaponparappi Sub Registered Office, Kallakurichi District ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records of the Impugned order passed by the 2nd respondent in Refusal No. RFL / Vadaponparapi / 145 / 2023 dated 26.06.2023 and quash the same and further direction to the 2nd respondent to register the gift deed is pending document in Temporary No. 154069162/ 2023 dated 26.06.2023 and consequences to pass further order.

For Petitioner : Mr.T.Balachandran For Respondents : Mr.M.Shahjahan 1/5

Special Government Pleader for R1 and R2

O R D E R

This writ petition has been filed challenging the refusal check slip issued by the 2nd respondent dated 26.06.2023 and for a consequential direction to the 2nd respondent to register the gift deed that is kept as a pending document.

2.

Heard Mr.T.Balachandran, learned counsel for the petitioner and Mr.M.Shahjahan, learned Special Government Pleader for Respondents 1 and 2.

3.

The petitioner claims to be the owner of the subject property. The patta also stands in his name. The petitioner wanted to gift the property in favour of Panchayat for laying common pathway. For this purpose, a gift deed dated 26.06.2023 was executed and it was presented for registration before the 2nd respondent. The 2nd respondent has issued the refusal check slip by stating that "index not entered correctly". Aggrieved by the same, the present writ petition has been filed before this Court.

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4.

When the matter came up for hearing, this Court enquired the learned Special Government Pleader the meaning for the endorsement that has been made in the refusal check slip. The learned Special Government Pleader submitted that the four boundaries along with linear measurements that is given in the document must tally with the four boundaries and linear measurements that is provided in the on-line application. If it does not tally, the document will not be accepted for registration. Therefore, unless and otherwise, the petitioner makes necessary correction and ensures that the four boundaries and linear measurements tally, document cannot be accepted for registration. 5.

In reply to the above submission, the learned counsel for the petitioner submitted that the petitioner will make the necessary corrections and resubmit the documents before the 2nd respondent for registration. 6.

Considering the above, there shall be a direction to the petitioner to make the necessary corrections and ensure that the four boundaries and the linear measurement tally and in such an event, the document can be 3/5

entertained and it can be registered by the 2nd respondent, if it is otherwise in order.

7.

In the result, this writ petition is allowed with the above directions. No costs. Consequently, the connected miscellaneous petition is closed.

13.02.2025 Index : Yes/No Internet : Yes/No Speaking Order / Non Speaking Order rka To

1. The District Registrar, District Registrar Office, Kallakurichi District.

2. The Sub Registrar, Vadaponparappi Sub Registered Office, Kallakurichi District N. ANAND VENKATESH, J.

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