P.Munusamy v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.2097 of 2018 Mr.P.Munusamy Son of Poochi Reddy .. Petitioner Vs.

The Sub-Registrar Arani Sub-Registrar Office Thiruvallur District.

.. Respondent Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondent to receive and register the settlement deed dated 19.01.2018 in favour of petitioner's son on its presentation. For Petitioner: Mr.M.A.R.Pragash For Respondent : Mr.R.Govindasamy Special Government Pleader

O R D E R

Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondent. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the respondent to receive and register the settlement deed dated 19.01.2018.

3. The grievance of the petitioner before this Court is that the settlement deed dated 19.01.2018 executed by the petitioner in favour of his son in respect of the subject matter property has not been received by the respondent for registering the same and on the other hand, the respondent is insisting upon the petitioner to produce a patta in respect of the subject matter property.

4. Admittedly, the respondent has not passed any order and what is sought for by the petitioner before this Court is a direction to receive and register the settlement deed dated 19.01.2018.

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5. Needless to say that when a document is presented before the registering authority for registration, it is for the said authority to receive it and either register the same or, if there is any legal impediment for doing so, return the document to the person, who presented the same, by issuing a check slip indicating the reason for returning the document. In this case, it appears that the respondent has not done either of the same so far. Therefore, this writ petition is disposed of, by directing the respondent to receive the settlement deed dated 19.01.2018 presented by the petitioner for registration and pass appropriate orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. No costs.

Sd/- ASSISTANT REGISTRAR /TRUE COPY/ SUB ASSISTANT REGISTRAR To The Sub-Registrar Arani Sub-Registrar Office Thiruvallur District.

+2 CC to Mr. M.A.R.Pragash. Advocate SR.NO.7493 +1 CC to the Government Pleader Advocate SR.NO.7988 W.P.No.2097 of 2018 VC (17/02/2018) https://hcservices.ecourts.gov.in/hcservices/