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Madras High CourtWP/1953/2022disposed of

Premavathy v. The Sub Registrar

2022-02-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.1953 of 2022 Premavathy ... Petitioner -VsThe Sub Registrar, Office of Sub Registrar, Vellakovil, Tiruppur District.

... Respondent Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of order of refusal check slip in Refusal Number: RFL/Vellakovil/6/2022, dated 24.01.2022 passed by the respondent herein and quash the same and consequently direct the respondent to register the sale deed dated 24.01.2022 presented by the petitioner herein. For Petitioner : Mr.N.Ponraj For Respondent : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

This Writ Petition has been filed for the issuance of Writ of Certiorarified Mandamus, calling for the records of order of refusal check slip in Refusal Number: RFL/Vellakovil/6/2022, dated 24.01.2022 passed by the respondent herein and quash the same and consequently direct the respondent to register the sale deed dated 24.01.2022 presented by the petitioner herein.

2.

Heard Mr.N.Ponraj, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondent. 3.

The petitioner purchased the land comprised in R.S.No.1522/1 (Old S.F.No.531/B), ad-measuring 3.35 acres, situated at Pachapalayam Village, Kangeyam Taluk, Tiruppur District by the registered sale deed, vide Document No.297 of 1971. Thereafter, the petitioner intended to sell the said property and executed a sale deed on 24.01.2022 in favour of P.Saraswathy and P.Palanisamy to meet out his family https://hcservices.ecourts.gov.in/hcservices/

expenses. The sale deed was presented for registration before the respondent along with all the required document on 24.01.2022. However, it was refused to register by the impugned order dated 24.01.2022, for the reason that the original parent document was not produced.

4.

The learned counsel for the petitioner would submit that the petitioner had lost the original parent document registered vide Document No.297 of 1971 and as such the petitioner had also lodged complaint on 03.10.2021 before the Inspector of Police, Vellakovil Police Station, Tiruppur District. However, the petitioner is ready and willing to produce the certified copy of the sale deed along with a Non Traceable Certificate issued by the Inspector of Police, Vellakovil Police Station, Tiruppur District. 5.

Considering the above, the petitioner is directed to re-present the sale deed, dated 24.01.2022 for registration before the respondent along with a certified copy of the parent deed, registered vide Document No.297 of 1971 and a Non Traceable Certificate issued by the Inspector of Police, Vellakovil Police Station, Tiruppur District. On receipt of the same, the respondent is directed to register and release the same if it is otherwise in order.

6.

It is made clear that the Inspector of Police, Vellakovil Police Station, Tiruppur District, is directed to issue a Non Traceable Certificate on the complaint dated 03.10.2021 to the petitioner, within a period of two weeks from the date of receipt of a copy of this order. 7.

With the above directions, this writ petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mn To 1.The Sub Registrar, Office of Sub Registrar, Vellakovil,Tiruppur District.

2.The Inspector of Police, Vellakovil Police Station, Tiruppur District.

+1 cc to Government Pleader Sr.NO. 7726 +1 cc to Mr.N.Ponraj, Advocate Sr.NO. 6921 W.P.No.1953 of 2022 PA(CO) A.SK(08/03/2022) https://hcservices.ecourts.gov.in/hcservices/