V.Sekar v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.11579 of 2019 V.Sekar

...Petitioner

Vs.

The Sub-Registrar, The Sub-Registrar's Office, Avaraipakkam, Tindivanam Taluk, Villupuram District.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records, the order of the respondent in Inspection Memo dated 08.04.2019 issued to the petitioner and quash the same as illegal and direct the respondent to register the Settlement Deed dated 08.04.2019 executed by the petitioner without insisting the petitioner to produce the original Sale Deed dated 03.11.2014 .

For Petitioner :

Mr.J.Antony Jesus For Respondent :

Mr.P.P.Purushothaman, Government Advocate.

O R D E R The petitioner is aggrieved against the Check slip dated 08.04.2019 issued by the respondent, returning the Settlement Deed presented by the petitioner for registration, on the reason that the petitioner did not produce the parent documents.

2. According to the petitioner, those parent documents are not available with the petitioner and however, he would produce the certified copies of the same before the respondent. The very same petitioner has already approached this Court and filed a writ petition in W.P.No.3763/2019, challenging the Inspection Memo dated 28.01.2019, wherein similar objection was raised for registering the Gift Deed executed by the petitioner.

3. This Court, after considering the submissions made by both parties, disposed of the said writ petition on 08.02.2019, https://hcservices.ecourts.gov.in/hcservices/

by directing the petitioner to produce the certified copies of the prent documents before the respondent also by stating in writing as to why he is not in a position to produce the original documents. It was further directed therein that on production of the certified copies of the parent documents, the respondent shall take appropriate action on the gift deed presented by the petitioner for registration. Now, the petitioner wants to register the Settlement Deed executed by him in favour of his daughter. Therefore, this Court is of the view that similar direction can be issued in this case also so as to enable the Registering Authority to take appropriate action on the Settlement Deed presented by the petitioner for registration.

4. Accordingly, this Writ Petition is disposed of by directing the petitioner to produce the certified copies of the parent documents before the respondent also by stating in writing as to why he is not able to produce the original documents. On production of such certified copies of the parent documents, the respondent shall take appropriate action on the Settlement Deed presented by the petitioner for registration. The whole exercise shall be done by the respondent within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS-Insp.cell) //True copy// Sub Assistant Registrar vsi To The Sub-Registrar, The Sub-Registrar's Office, Avaraipakkam, Tindivanam Taluk, Villupuram District.

+1cc to Mr.J.Antony Jesus, Advocate SR.No.38952 +1cc to Government Pleader SR.No.39094 W.P.No.11579 of 2019 PMS(CO) GMY(27/04/2019) https://hcservices.ecourts.gov.in/hcservices/