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Madras High CourtWP/15980/2025allowed

L.Dhandapani v. The Sub Registrar

2025-04-30Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH L.Dhandapani S/o.Loganathan, No.195, EVR Periyar Street, Porur Village Vada Namaili Madura Thiruporur Taluk, Chengelpet District.

Petitioner(s) Vs The Sub Registrar O/o.The Sub Registrar, Thiruporur.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India to call for the records of the respondent vide impugned refusal No.RFL/ Thirupporur / 26/ 2025 dated 21.03.2025 and quash the same and further direct the respondent to register and return the settlement deed vide pending document No. TP / 214211859/ 2025 dated 21.03.2025 presented by the petitioner and pass orders. For Petitioner(s):

Mr. M.Raja Sekhar

For Respondent(s):

Mr.P.Harish, Government Advocate

ORDER

This writ petition has been filed challenging the impugned refusal check slip issued by the respondent dated 21.03.2025 and for a consequential direction to the respondent to register the Settlement deed and release the same. 2.

Heard Mr.M.Raja Sekhar, learned counsel for the petitioner and Mr.P.Harish, learned Government Advocate for respondent. 3.

The refusal check slip has been issued by the respondent on the ground that the original title document has not been produced at the time of registration. In the affidavit filed in support of the writ petition, the petitioner has stated that the original title documents have been taken away and based on the same, a complaint was given to the police, which resulted in registration of FIR in Crime No.522 of 2023. A clause to that effect shall be included in the settlement deed.

4.

This Court also takes into consideration the latest circular issued by the Inspector General of Registration dated 28.04.2025 wherein it has been made clear that the Sub Registrar should not insist for the production of the original title document.

5.

In the light of the above discussion, the impugned refusal check slip dated 21.03.2025 is hereby quashed and there shall be a direction to the respondent to register the document, if it is otherwise in order. 6.

This writ petition is allowed with the above directions. No costs. 30-04-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To The Sub Registrar O/o.The Sub Registrar, Thiruporur.

N.ANAND VENKATESH J.

rka 30-04-2025