Balasubramani v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.8597 of 2025 Balasubramani S/o.Nallamuthu ... Petitioner Vs.

1.The District Registrar, Office of the District Registrar, Eraniyan Street, Annai Sathiya Nagar, Rangampalayam, Erode - 638 009.

2.The Sub Registrar, Sub Registrar Office, Avalpoondurai, Erode District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records and quash the refusal check slip No.RFL/Avalpoondurai/9/ 2025, dated 23.01.2025 issued by the second respondent herein and further, direct the second respondent herein to register and release the sale deed without insisting the petitioner to produce the original previous registration document No.284 of 2022 dated 13.01.2022 within a time frame fixed by this Court.

For Petitioner : Mr.S.Lakshmanasamy For Respondents : Mr.U.Baranidharan Special Government Pleader [R1 & R2] ***** 1/4

O R D E R

This writ petition has been filed challenging the impugned refusal check slip issued by the second respondent dated 23.01.2025 and for a consequential direction to the second respondent to register the sale deed dated 13.01.2022 executed in favour of the petitioner and another.

2. Heard Mr.S.Lakshmanasamy, learned counsel for petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing for respondents 1 and 2.

3. The refusal check slip has been issued by the second respondent based on the fact that the original title document was not produced at the time of registration. The reason assigned in the affidavit filed in support of the writ petition is that the original document is being retained by the co-owner of the property, who is owning 50% out of the total extent of the property. The petitioner is going to purchase the remaining 50% of the property from the vendor. Hence, a recital shall be included in the sale deed itself by giving reasons as to why the original document is unable to be produced. That apart, the recital tracing the title of the vendor of the petitioner shall be included. Further, a sworn 2/4

affidavit shall also be presented along with the sale deed by giving reasons for non-production of the original title deed. If the same is done, the second respondent shall entertain the sale deed and register the same, if it is otherwise in order.

This writ petition is allowed with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 06.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To 1.The District Registrar, Office of the District Registrar, Eraniyan Street, Annai Sathiya Nagar, Rangampalayam, Erode - 638 009.

2.The Sub Registrar, Sub Registrar Office, Avalpoondurai, Erode District.

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