P.Chinnadurai v. The Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM 1.P.Chinnadurai 2.K.Dharman 3.T.REvathi 4.S.Shanthi ... Petitioners Vs.

1.The Registrar Coimbatore District.

2.The Sub Registrar Periyanayakanpalayam Coimbatore District.

3.The Inspector of Police Punjam Puliyampatti Police Station Erode District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the Impugned Refusal Check Slip dated 27.10.2022 in Refusal No. RFL/ Periyanayakkan Palayam/76/2022 and quash the same and

consequently direct the 2nd respondent to register the Sale Deed dated 27.10.2022 without insisting for the original of the General Power of Attorney Deed dated 18.12.2007 registered as Document No.1792 of 2007 and the Original of the Settlement Deed dated 18.12.2007 registered as Document No.14582 of 2007 in a time bound manner. For Petitioners : Mr.A.Mohamed Ismail For Respondents : Mr.G.Krishna Raja Additional Government Pleader

O R D E R

The refusal check slip dated 27.10.2022 is sought to be quashed in the present writ petition.

2. The petitioners state that they are the Power of Attorney holders of the original owner and presented a Sale Deed for registration. The Registering Authority returned the document on the ground that the petitioners have not filed the original Title Deed, Original Power of Attorney copy and the other certificates.

3. The learned counsel for the petitioners states that the certified copy of the original Title Deed has already been filed before Registering Authority. So also the Power of Attorney copy also has been given and they are ready to give the certificate sought for by the authority and therefore, the Registering Authority has to register the same by following the procedures.

4. The learned Additional Government Pleader appearing on behalf of the respondents raised an objection by stating that the registration will be done only after production of all the required certificates in accordance with the provisions of law. Thus, the respondents are directed to proceed with the registration in the event of furnishing certified copy of the original Title Deed, Power of Attorney and the required certificates.

5. With the above observations, these Writ Petitions stand disposed of. No costs.

12.06.2023 (2/2) Jeni Index : Yes Speaking order

To 1.The Registrar Coimbatore District.

2.The Sub Registrar Periyanayakanpalayam Coimbatore District.

3.The Inspector of Police Punjam Puliyampatti Police Station Erode District.

S.M.SUBRAMANIAM, J.

Jeni 12.06.2023 (2/2)