M.K.Sasikumar v. The Sub-Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.13881 of 2023 M.K.Sasikumar ... Petitioner Vs The Sub Registrar, Office of Sub Registrar, Avinashi, Tiruppur District.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to impugned order of the respondent in Refusal Check Slip No.RFL/Avinashi/31/2023 dated 17.04.2023, thereby refusing to register the document and quash the same as illegal, incompetent and without jurisdiction and further direct the respondent to register the Sale Deed dated 17.04.2023 presented by the petitioner. For Petitioner : Mr.B.Sarathraj For Respondent : Mr.G.Krishna Raja Additional Government Pleader 1/4

O R D E R

The writ petition has been filed challenging the Refusal Check Slip dated 17.04.2023 returning the document presented by the writ petitioner for registration. The petitioner presented a sale deed for registration and on scrutiny, the Registering Authority found that the petitioner has failed to produce the original document. Verification of original document is necessary for the purpose of proceeding with the registration.

2. The learned counsel for the petitioner made a submission that the original document is not available with the petitioner and he produced the certified copy of the original document. It is not made clear whether the certified copy was produced at the time when the Registering Authority asked the petitioner to produce the original document.

3. In any event, if the petitioner produces the certified copy of the original document, then the Registering Authority is empowered to verify the certified copy and thereafter proceed to register the document by following the procedures as contemplated. Thus the petitioner is permitted to submit the certified copy of the original document to the Registering 2/4

Authority, who, in turn, shall verify the same and proceed for registration.

4. With this direction, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

02.06.2023 Index : Yes Speaking Order : Yes Sgl To The Sub Registrar, Office of Sub Registrar, Avinashi, Tiruppur District.

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S.M.SUBRAMANIAM, J.

Sgl 02.06.2023 4/4