Jayamani v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.4292 of 2025 Jayamani ... Petitioner Vs.

The Sub Registrar, Andhiyur Taluk, Erode District.

... Respondent 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 relating to the impugned order of Refusal Check Slip in Refusal Number.RFL/Andhiyur/4/ 2025 dated 27.01.2025 issued by the respondent and quash the same as illegal and consequently directing the respondent to register the sale deed dated 27.01.2025. For Petitioner : Mr.M.Saravana Kumar For Respondents : Mr.M.Shajahan Special Government Pleader 1/4

O R D E R

This writ petition has been filed challenging the refusal Check Slip dated 27.01.2025 issued by the respondent and for a consequential direction to the respondent to register the Sale Deed dated 27.01.2025. 2.Heard Mr.M.Saravana Kumar, learned counsel appearing on behalf of the petitioner and Mr.M.Shajahan, learned Special Government Pleader appearing on behalf of the respondent.

3.The respondent has issued the refusal Check Slip only on the ground that the original title document was not presented at the time of registration. The petitioner has stated at Paragraph No.4 of the affidavit filed in support of the writ petition that original parent Partition Deed was misplaced and lost and what is available is only the certificate copy of the Partition Deed. 4.Taking into consideration the facts and circumstances of the case and the submissions made on either side, the impugned refusal check slip issued by the respondent dated 27.01.2025, is hereby quashed and there shall be a direction to 2/4

the petitioner to submit the settlement deed for registration through on-line mode by following the proper procedure and in the settlement deed itself there shall be a recital as to why the original title document is not able to be produced at the time of registration. That apart, sworn affidavit shall also be filed along with the document stating the same reason and on receipt of the same, the respondent shall register the document, if it is otherwise in order. 5.In the result, this writ petition is allowed with the above directions. No Costs.

14.02.2025 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To The Sub Registrar, Andhiyur Taluk, Erode District.

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N. ANAND VENKATESH, J.

ssr W.P.No.4292 of 2025 14.02.2025 4/4