Vajarangi v. The District Registrar

1/5

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP No. 12749 of 2025 1.Mrs.Vajarangi 2.Mr.Sunil Babu Petitioner(s) Vs

1. The District Registrar District Registrar Office, Dharmapuri.

2.The Sub Registrar The Sub Registrar Office, Kariyamangalam, Dharmapuri.

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 refusal order issued by the 2nd respondent in RFL / KARIMANGALAM / 41/ 2025 dated 20.02.2025 and directing the 2nd respondent to register the sale deed presented by the petitioners.

2/5 For Petitioner(s):

Ms.M.V. Saranya For Respondent(s):

Mr.U.Baranidharan Special Government Pleader

ORDER

This writ petition has been filed challenging the refusal check slip issued by the 2 nd respondent dated 20.02.2025 and for a direction to the 2 nd respondent to register the Sale Deed.

2.Heard Ms.M.V. Saranya, learned counsel appearing on behalf of the petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing on behalf of the respondents.

3.The refusal Check Slip has been issued by the 2 nd respondent mainly on the ground that the original title document was not produced at the time of presenting the Sale Deed for registration.

4.The specific ground taken by the petitioner is that the original title document has been lost and it is not able be to be traced.

3/5 5.In the considered view of this Court, this Court has repeatedly held that the original title document cannot be insisted and made a condition precedent for registering a document. If the original document has been lost, the petitioner shall add the necessary recital in the Sale Deed and also give the paper publication to the effect that the original title document has been lost and that it is intended to deal with the property. Once this requirement is satisfied, the 2 nd respondent shall register the Sale Deed, if it is otherwise in order. 6.In the result, this writ petition stands allowed with the above directions. No Costs. Consequently, connected miscellaneous petition is closed. 04-04-2025 (2/2) Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

4/5 To 1.The District Registrar District Registrar Office, Dharmapuri.

2.The Sub Registrar The Sub Registrar Office, Kariyamangalam, Dharmapuri.

5/5 N.ANAND VENKATESH J.

ssr 04-04-2025 (2/2)