Kowsalya v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.03.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.8185 of 2025 Kowsalya ..Petitioner Vs.

The Sub Registrar, Joint I Sub Registrar Officer, Perambalur ... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned refusal check slip No.RFL/Joint I Registrar, Perambalur/332/2024 dated 22.11.2024 issued by the respondent and quash the same and consequently direct the respondent to register the Settlement Deed dated 22.11.2024, which was presented by the petitioner.

For Petitioner : Ms.S.Rithika for Mr.M.Vijaya Ragavan For Respondents : Mr.R.Sasikumar Government Advocate 1/4

O R D E R

This writ petition has been filed challenging the impugned refusal check slip dated 22.11.2024 issued by the respondent and for a consequential direction to the respondent to register the Sale deed dated 22.11.2024 executed by the petitioner.

2.

Heard Ms.S.Rithika, learned counsel for Mr.M.Vijaya Ragavan, learned counsel for the petitioner and Mr.R.Sasikumar, learned Government Advocate for respondent.

3.

The respondent has issued the refusal check slip only on the ground that the original parent documents were not produced at the time of registration. It is seen from records the parent documents were registered on the file of the respondent and there is a dispute between the parties, as a result of which, the parent documents are being retained by the other co-owners.

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4.

In view of the above, there shall be a direction to the petitioner to file a sworn affidavit by assigning a reason as to why the original documents are not able to be produced. The same shall be presented along with the Sale deed and the Sale deed shall be registered, if it is otherwise in order.

5.

This writ petition is allowed with the above directions. No costs.

12.03.2025 Internet : Yes/No Index : Yes/No Speaking Order / Non Speaking Order rka To The Sub Registrar, Joint I Sub Registrar Officer, Perambalur 3/4

N. ANAND VENKATESH, J.

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