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Madras High CourtWP/3622/2021closed

Rukmani v. Inspector General Of Registration

2021-02-23Honourable Mr Justice N. Seshasayee2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2021

CORAM:

THE HON'BLE MR.JUSTICE N.SESHASAYEE WP.No.3622 of 2021 &WMP.No.4155 of 2021 Mrs.Rukmani

...Petitioner

-Vs1.Inspector General of Registration, Sathome High Road, Mylapore.

2.District Registrar(Administration), Chennai South, Saidapet, Chennai - 600 015.

3.The Joint Sub-Registrar-I, SRO Office, Saidapet, Chennai - 600 015.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the Refusal Check Slip No.RFL/1 No.Joint Sub-Registrar, South Madras/4/2021 dt.4/1/2021 issued by the 3rd respondent, quash the same and direct the 3rd respondent to receive the settlement deed and process it as per law.

For Petitioner : Mr.R.Subramanian For Respondents : Mr.T.M.Pappiah Special Government Pleader

ORDER

The present Writ Petition is filed challenging a check slip raised by the third respondent, when the petitioner presented a settlement deed dated 04.01.2021.

2.Heard, Mr.T.M.Pappiah, learned Special Government Pleader who entered appearance for the respondents.

3.This Court finds that Vide the check slip, the Sub Registrar requires the petitioner to go for a revenue Sub-Division of his https://hcservices.ecourts.gov.in/hcservices/

share in the property and then to present the document for registration.

4.This Court wonders which law prescribes this procedure and which provision of the Registration Act Authorizes the Sub Registrar to make such extraordinary demands. 5.This Court therefore, quashes the check slip and directs the concerned Sub Registrar/third respondent to forthwith registrar the said settlement deed dated 04.01.2021, if the documents otherwise comply with the provisions of the Stamp Act and the Registration Act and the Rules made thereunder. 6.In the result, the Writ Petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar Tsg To 1.Inspector General of Registration, Sathome High Road, Mylapore.

2.District Registrar(Administration), Chennai South, Saidapet, Chennai - 600 015.

3.The Joint Sub-Registrar-I, SRO Office, Saidapet, Chennai - 600 015.

Order made in W.P.No.3622 of 2021 PVS(CO) KKV/23/02/2021 https://hcservices.ecourts.gov.in/hcservices/