P.Subramani v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH P.Subramani D No. 8-215 KARIYANUR KATUVALAVU, KANNADHRI, SALEM Petitioner(s) Vs The Sub Registrar Sub Registrar Office, Mugudanchavadi Respondent(s) Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarfiied Mandamus to quash the impugned refusal check slip bearing RFL/Magudanchavadi/40/2025 dated 14.02.2025 issued by the respondent as illegal and consequently direct the respondent to register the sale deed dated 14.02.2025 without insisting on the production of original documents. For Petitioner :

Mr.Dinuprasanth .S For Respondent :

Mr.U.Bharanidharan Special Government Pleader ***** 1/4

O R D E R

This writ petition has been filed challenging the refusal check slip issued by the respondent dated 14.02.2025 and for a consequential direction to the respondent to register the sale deed dated 14.02.2025 executed in favour of the petitioner.

2. Heard Mr.Dinuprashanth .S, learned counsel for petitioner and Mr.U.Bharanidharan, learned Special Government Pleader for respondent.

3. The respondent has issued the refusal check slip on the ground that a suit was filed in O.S.No.23 of 2011 and during the pendency of the suit, an order of attachment was passed in I.A.No.96 of 2011. In this Suit, the vendor of the petitioner namely, Baghyalakshmi was a party. Therefore, in the light of this attachment order, the respondent has refused to register the sale deed.

4. The learned counsel for the petitioner brought to the notice of this Court that the suit itself came to be disposed of by judgment dated 2/4

13.03.2018 based on the settlement between the parties before the Lok Adalat.

5. In the light of the above development, there is no reason to put against the petitioner the attachment order that was passed in the suit, which suit was subsequently disposed of based on the settlement between the parties.

6. It is further seen from the records that earlier a refusal check slip dated 06.09.2022 was issued on the ground that the original title document was not presented at the time of registration. This Court is taking into consideration the earlier refusal check slip on the ground that once again the respondent should not return the document by citing the very same reason. If the original title document is not available, a recital shall be added in the sale deed itself stating the reason for nonavailability of the original title document.

7. In the light of the above discussion, refusal check slip dated 14.02.2025 issued by the respondent is hereby quashed and there shall be a direction to the respondent to register the sale deed dated 14.02.2025, if it is otherwise in order.

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N.ANAND VENKATESH, J mk This Writ Petition is allowed, accordingly. There shall be no order as to costs.

17.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order mk To The Sub Registrar Sub Registrar Office, Mugudanchavadi 4/4