Lakshmi @ Lakshmiammal v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Lakshmi @ Lakshmiammal ... Petitioner Vs The Sub Registrar Office of the Sub Registrar Sriperumbudur Kancheepuram District.

...Respondent

Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the respondent in relation to the "Refusal Check Slip" in Refusal Number: RFL/Sriperumbudur/41/2024 dated 28.12.2024 and consequently direct the respondent to register the settlement deed executed by the petitioner in favour of M.Indira, Wife of Manoharan, dated 28.12.2024 within a time frame fixed by this Court.

For Petitioner : Mr.E.Anbarasan For Respondent : Mr.P.Harish Government Advocate 1/4

ORDER

Challenging the refusal check slip in in Refusal Number: RFL/Sriperumbudur/41/2024 dated 28.12.2024, issued by the respondent against the registration of settlement deed presented by her, the petitioner is before this Court.

2. The respondent refused to register the said settlement deed presented by the petitioner and returned the same along with the impugned refusal check slip indicating that the settlement deed can be registered only if the original parent document is produced.

3. This Court heard the learned counsel appearing for the petitioner and the learned Government Advocate, who takes notice for the respondent and perused the records.

4. In Ramayee Vs The Sub Registrar and others - (2020 (6) CTC 697), the learned Judge has discussed the role of the registering authorities, who while considering a document for registration, has to verify its execution, identity of the executant or the agent/ representative assigned etc., and held that the registering authority cannot go into the question of title. The grounds of refusal are also specified in Section 22-A of the 2/4

Registration Act.

5. Therefore, for the aforesaid reasons the impugned refusal check slip cannot be sustained and accordingly, the writ petition is allowed. The impugned refusal check slip is set aside. The respondent is directed to register the Settlement Deed dated 28.12.2024 within a period of two (2) weeks from the date of representation by the petitioner. No costs. 31.01.2025 Index : Yes/No Speaking Order: Yes/No ds To:

The Sub Registrar Office of the Sub Registrar Sriperumbudur Kancheepuram District.

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P.T. ASHA . J., ds 31.01.2025 4/4