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Madras High CourtWP/10523/2025allowed

A.Palanisamy v. The Sub Registrar

2025-04-02Honourable Mr Justice N. Anand Venkatesh5 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH A.Palanisamy Petitioner(s) Vs

1. The Sub Registrar Punchaipuliyampatti SRO, Coimbatore.

2.Ganesan Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to quash the order of the 1st respondent dated 3.2.2025 and directing the 1st respondent to register the Sale Deed dated 3.2.2025 of the petitioner with in a stipulated period. For Petitioner(s):

Ms.V.Kayalvizhi For Respondent(s):

Mr.U.Baranidharan Special Government Pleader for R1

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ORDER

This writ petition has been filed challenging the impugned refusal Check Slip issued by the 1 st respondent dated 03.02.2025 and for a consequential direction to the 1 st respondent to register the Sale Deed dated 03.02.2025 executed by the petitioner.

2.Heard Ms.V.Kayalvizhi, learned counsel appearing on behalf of the petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing on behalf of the 1 st respondent.

3.The refusal check slip has been issued by the 1 st respondent on the ground that the original title document was not produced at the time of registration.

4.The learned counsel for the petitioner submitted that the original title document has been lost and it is not able to be traced.

3/5 5.This Court has repeatedly held that the insistence of the original title document should not result in making it a condition precedent for not entertaining and registering a document. If the petitioner has lost the original title document, a recital shall be added in the Sale Deed to that effect. That apart, the petitioner shall issue a paper publication to the effect that the original title document has been lost and that the petitioner is intending to deal with the property. After completing this process and after adding the necessary recital in the Sale Deed, the document shall be presented for registration and the same shall be registered by the 1 st respondent, if it is otherwise in order.

6.In the result, this writ petition stands allowed in the above terms. No Costs.

02-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

4/5 To The Sub Registrar Punchaipuliyampatti SRO, Coimbatore.

5/5 N.ANAND VENKATESH J.

ssr 02-04-2025