J.Sathishkumar v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P No.13159 of 2023 J.Sathishkumar

...Petitioner

Vs.

1. The Sub Registrar, Kaveripakkam Sub Registrar Office, Kaveripakkam, Ranipet District.

2. P.Bharathiraja

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent herein to accept and register the settlement deed presented by the petitioner in check slip No. 1(D101), temporary No.TP/148205842/2023 dated 16.04.2023/17.04.2023 without insisting original sale deed in document No.1252 of 2015 on the file of the first respondent. For Petitioner : Mr.S.P.Sudalaiyandi For Respondent 1 : Mr.E.Sundaram, Govt. Advocate Page no.1/4

O R D E R

The writ on hand has been instituted to direct the first respondent to accept the settlement deed presented by the writ petitioner.

2. The petitioner states that he is the absolute owner of the property described in the present writ petition. The petitioner presented a settlement deed for registration which was returned along with the Refusal Check Slip by the Registering Authority on the ground that the petitioner has failed to produce the original title document.

3. The learned counsel for the petitioner states that the original title document is not available with the petitioner and it is handed over to the other person. However, the petitioner is ready to produce the certified copy of the title document for verification. There is no impediment for the Registering Authority to verify the certified copy of the document for the purpose of registering the settlement deed which was presented by the writ petitioner.

4. In view of the facts and circumstances, the Refusal Check Slip issued by the Registering Authority/Sub-Registrar in proceeding dated 16.04.2023, is quashed and the petitioner is at liberty to submit the certified copy of the title Page no.2/4

document and on such production, the Registering Authority shall verify its genuinity and title, and proceed with the registration of the document presented by the petitioner. The said exercise is directed to be completed within a period of six (6) weeks from the date of receipt of a copy of this order.

5. Accordingly, the writ petition stands allowed. No costs. (sha) 14.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No To The Sub Registrar, Kaveripakkam Sub Registrar Office, Kaveripakkam, Ranipet District.

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S.M.SUBRAMANIAM , J.

sha W.P No.13159 of 2023 14.08.2023 Page no.4/4