L.Vanitha v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.No.12022 of 2021 L.Vanitha .. Petitioner Vs.

1. The Inspector General of Registration, Santhome High Road, Mylapore, Chennai - 4.

2. The Sub Registrar (West), Sub Registrar Office, Dharmapuri.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the second respondent to register the Sale Deed dated 05.05.2021 RFL/Sub-Registrar-West/Dharmapuri/101/2021, dated 05.05.2021 and return the same to the petitioner.

For Petitioner : Mr.M.Selvam For Respondents : Mr.K.M.D.Muhilan, Government Advocate

O R D E R

(The case has been heard through video conference) The petitioner wants to register a sale deed without production of parent document, the second respondent Sub Registrar refused to register the same and directed the petitioner to file the certificates as contemplated in the Circular No.25600 C1 2018, dated 07.08.2018, issued by the first respondent Inspector General of Registration. Challenging the same, the present writ petition has been filed by the petitioner.

2. The learned counsel appearing for the petitioner submitted that his vendor has lost the parent document hence she was not in a position to produce the same at the time of registration and as per the Circular issued by the first respondent she has filed a police complaint and also obtained a https://hcservices.ecourts.gov.in/hcservices/

non-traceable certificate and also gave paper publication. Despite the same, the second respondent Sub Registrar refused to register the document.

3. Considering the above circumstances and the fact that the petitioner has complied with the Circular issued by the first respondent referred to above and also produced the required documents, the second respondent Sub Registrar is directed to consider the petitioner's sale deed and if the petitioner has complied with all the requirements as contemplated in the above said circular dated 07.06.2018, the second respondent Sub Registrar is directed to register the document within a period of four weeks from the date of receipt of a copy of this Court. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar kk To

1. The Inspector General of Registration, Santhome High Road, Mylapore, Chennai - 4.

2. The Sub Registrar (West), Sub Registrar Office, Dharmapuri.

+1cc to Mr.M.Selvam, Advocate, S.R.No.31480 W.P.No.12022 of 2021 UM(CO) HS(06/08/2021) https://hcservices.ecourts.gov.in/hcservices/