S.Elumalai v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH & W.M.P.No.4942 of 2025 S.Elumalai S/o.Shanmugam ... Petitioner Vs.

1.The Inspector General of Registration, No.100, Santhome High Road, Raja Annamalai Puram, Chennai - 600 028.

2.The Joint-I Sub-Registrar, Kanchipuram, 98, Nellukkara Street, Periya Kanchipuram, Kanchipuram - 631 501.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records of the impugned order passed by the second respondent in RFL/1 Joint Sub Registrar Kanchipuram/9/2024, dated 03.12.2024 and quash the same as illegal, arbitrary and non-est in law and consequently, direct the second respondent to register the executed settlement deed dated 03.12.2024 and release the registered settlement deed to the petitioner within the time stipulated by this Court. 1/4

For Petitioner : Mr.S.Santosh For Respondents : Mr.P.Harish Government Advocate *****

O R D E R

This writ petition has been filed challenging the refusal check slip issued by the second respondent dated 03.12.2024 and consequently, direct the second respondent to register the settlement deed dated 03.12.2024.

2. Heard Mr.S.Santosh, learned counsel for petitioner and Mr.P.Harish, learned Government Advocate appearing for respondents.

3. The mother of the petitioner wanted to settle her share in the subject properties and accordingly, she executed a settlement deed dated 03.12.2024 in favour of the petitioner. When the same was presented for registration, it was refused to be registered by issuing a refusal check slip on the ground that original title documents were not produced.

4. The petitioner, in the affidavit filed in support of the writ petition, has stated that the original title deed has been lost. In such an 2/4

event, it is left open to the petitioner to add a clause in the settlement deed itself stating that the original title document has been lost and thereafter, re-submit the document for registration. In such an event, the second respondent shall entertain the document and register the same, if it is otherwise in order.

This writ petition is allowed in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 14.02.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To 1.The Inspector General of Registration, No.100, Santhome High Road, Raja Annamalai Puram, Chennai - 600 028.

2.The Joint-I Sub-Registrar, Kanchipuram, 98, Nellukkara Street, Periya Kanchipuram, Kanchipuram - 631 501.

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N.ANAND VENKATESH, J gm 14.02.2025 4/4