J.Gopal v. The Sub Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.03.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH J.Gopal S/o.Joghee Gownder, 5/1318, Battagorai, Kolanad Post, Denad, The Nilgiris, Tamilnadu-643217 Petitioner Vs The Sub Registrar Office of The Sub Registrar, Kothagiri-643217 Respondent Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for records of the 1st respondent in communication in RFL/KOTHAGIRI/130/2024 dated 13.12.2024 and quash the same and consequently direct the respondent to allow the Sale Registration dated 23.10.2024.
For Petitioner : Mr.P.M.N.Bhagavath Krishnan For Respondent : Mr.U.Baranidharan Special Government Pleader ***** 1/4
O R D E R
This writ petition has been filed challenging the refusal check slip dated 13.12.2024 issued by the respondent and for a consequential direction to the respondent to register the sale deed dated 23.10.2024.
2. Heard Mr.P.M.N.Bhagavath Krishnan, learned counsel for petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing for respondent.
3. The sale deed has been refused to be registered by the respondent on the ground that the original title document was not produced.
4. This Court has repeatedly held that the original title document shall not be insisted as a condition precedent for registering any document. In the instant case, the original title document is said to have been lost and is not traceable and already paper publication has been given in this regard on 13.11.2024. In view of the same, necessary recital shall be added in the sale deed and thereafter, it shall be presented 2/4
for registration before the respondent. The respondent, on receipt of the document, shall register the same, if it is otherwise in order. This writ petition is allowed with the above direction. No costs. 26.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To The Sub Registrar Office of The Sub Registrar, Kothagiri-643217 3/4
N.ANAND VENKATESH, J gm 26.03.2025 4/4