R.Maragatham v. The Inspector General Of Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.05.2019

CORAM:

THE HONOURABLE MR.JUSTICE RMT. TEEKAA RAMAN and THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.A..No.1740 of 2019 and C.M.P.No.11732 of 2019 R.Maragatham ... Appellant/Petitioner vs.

1.The Inspector General of Registration, O/o.The Inspector General of Registrar, No.100, Santhome High Road, Mullima Nagar, Mandaveli Pakkam, R.A.Puram, Chennai-28.

2.The Deputy Inspector General of Registration, O/o.The Deputy Inspector General of Registrar, Electronic Complex Block-III, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai-32.

3.The Director, The Vigilance and Anti Corruption, No.293, MKN Road, Alandur, Chennai1-6.

4.M/s.Pravina The Sub-Registrar, Ashok Nagar, No.602, Azhagiri Salai, 9th Sector, K.K.Nagar, Chennai-83 ..

Respondents/Respondents Prayer : Writ Appeal filed under Clause 15 of Letters of Parent against the order dated 09.05.2019 made in W.P.No.14160 of 2019.

WP.NO.14160/2019:

This Writ Petition filed under Article 226 of the Constitution of India to issuance of Writ of Mandamus Directing the 1st to 3rd respondents herein to consider the representation dated 30.04.2019 and to take appropriate action against the 4th respondent herein and take the document of the petitioner on file.

For Appellant .. Mr.S.Madhusudanan For Respondents.. Mr.T.M.Pappiah,Spl.G.P.

JUDGMENT

(Order of the Court was made by RMT. TEEKAA RAMAN, J) By consent of parties the Writ Appeal itself is taken up for final disposal.

2.Mr.T.M.Pappiah, the learned Special Government Pleader takes notice on behalf of the respondents.

3.The core issue which is to be considered and decided in this matter is as to whether the original parent document, which is the subject matter of the document to be registered, is to be given by the appellant at the time of registration, before the fourth respondent, viz., the Sub Registrar, Ashok Nagar, at K.K.Nagar, Chennai or not.

4.The learned Special Government Pleader has stated that there is a Circular issued by the Inspector General of Registration to the effect that in the event of any document produced for registration, the original copy of the parent document has to be produced, and in the event of the same not being available, a certified copy of the same shall be produced along with an affidavit explaining the reason for non-production of the original in order to avoid double entry or malregistration in case of bogus claim. 5.The learned counsel for the appellant has undertakes to produce the certified copy of the parent document along with an affidavit as required.

6.Recording the submission made by the learned counsel for the appellant as well as the learned Special Government Pleader, the Writ Appeal stands disposed of with a direction to the appellant to produce the certified copy of the parent document along with the required affidavit and on such compliance, the

fourth respondent shall proceed further for registration of the document, in accordance with law. No costs. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar msk To 1.The Inspector General of Registration, O/o.The Inspector General of Registrar, No.100, Santhome High Road, Mullima Nagar, Mandaveli Pakkam, R.A.Puram, Chennai-28.

2.The Deputy Inspector General of Registration, O/o.The Deputy Inspector General of Registrar, Electronic Complex Block-III, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai-32.

3.The Director, The Vigilance and Anti Corruption, No.293, MKN Road, Alandur, Chennai1-6.

+1cc to Government Pleader sr.44277 W.A.No.1740 of 2019 pa(co) nr 02/07/2019