R.Jayavelu v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No.2142 of 2025 R.Jayavelu .... Petitioner Vs 1.The District Registrar Office of the Central Madras 268, Bharathi Salai Express Estate, Royapettah Chennai - 600 014.

2.The Sub Registrar, Adyar No.57, Kamarajar Avenue Adayar, Chennai - 600 020.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus pertaining to oral refusal check slip/Token dated 05.12.2004 in pre-registration acknowledgment number 1/5

TP/202800108/2024 and direct the second respondent to register the settlement deed presented by the petitioner without insisting on the production of original document and pass such further orders as this Court may deem fit and proper in the circumstances of the case. For Petitioner :

Mr.E.Giri Rajan For Respondents :

Mr.P.Harish Government Advocate

ORDER

The writ petition is filed seeking a direction to the second respondent to register the settlement deed produced by the petitioner without insisting for the original document.

2. The petitioner is the absolute owner of the residential property having an extent of 2078 sq.ft. in Plot No.65, Door No.36, Kasthuribai Nagar, I Cross Street, Chennai. He has been in possession of the property 2/5

since from the date of conveyance by his mother through a settlement deed dated 11.10.2004. He now intends to settle this property in favour of his daughters and executed a settlement deed. When the petitioner approached the respondent for registration, the respondent refused to entertain the registration on account of non-production of original documents, and this was informed to the petitioner orally and no written endorsement was made by the second respondent. However, an acknowledgement for pre-registration was given by the said respondent vide TP/202800108/2024 dated 05.12.2024.

3. Heard the learned counsel on either side.

4. The petitioner is directed to present the settlement deed forthwith and the Sub Registrar, Adyar, the second respondent shall register the settlement deed without insisting on the production of the original documents. The entire exercise shall be completed within a period of two weeks from the date of presentation of the document. 3/5

5. With the above direction, the writ petition is allowed. No costs. 27.01.2025 Index: Yes/No Speaking order/non-speaking order ds To:

1.The District Registrar Office of the Central Madras 268, Bharathi Salai Express Estate, Royapettah Chennai - 600 014.

2.The Sub Registrar, Adyar No.57, Kamarajar Avenue Adayar, Chennai - 600 020.

4/5

P.T.ASHA, J., ds 27.01.2025 5/5