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Madras High CourtWP/13367/2023allowed

N.Ranjithammal v. The Sub Registrar

2023-08-03Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM N.Ranjithammal

...Petitioner

Vs.

The Sub Registrar, Sub-Registration Office, Ponneri (Taluk) - 601 204, Tiruvallur District.

..Respondent Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to register the family partition deed dated 14.03.2023 presented for registration by the petitioner without insisting her to produce the original title deeds of the petitioner. For Petitioner : Mr.R.Munusamy For Respondent : Mr.G.Krishnaraja, Additional Government Pleader 1/4

ORDER

The relief sought for in the present writ petition is to direct the respondent to register the family partition deed dated 14.03.2023 presented for registration by the petitioner, without insisting her to produce the original title deeds of the petitioner.

2. Learned counsel for the petitioner states that a partition deed was presented for registration. The registering authority refused to process the registration on the ground that the petitioner has not produced the original documents in respect of three documents. With reference to those three documents, the learned counsel for the petitioner states that the petitioner has produced the Certified Copy of the documents. Despite the fact that the certified copies are produced, the registering authority has refused to register the partition deed.

3. Under Rule 55A of the Registration Rules, there is no impediment for verifying the certified copy of the documents and register the documents presented by the presentant. In view of the fact that the petitioner has produced the certified copy of the original documents, the respondent is 2/4

directed to proceed with the registration, if the document presented by the petitioner is otherwise in accordance with the Registration Act and Rules. The said exercise is directed to be completed within a period of four(4) weeks from the date of receipt of a copy of this Order. With these directions, the writ petition stands allowed. No costs. 03.08.2023 nl Index: Yes Speaking Order To The Sub Registrar, Sub-Registration Office, Ponneri (Taluk) - 601 204, Tiruvallur District.

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S.M.SUBRAMANIAM, J.

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