S.P.Subramnaiam v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.P.Subramaniam S/o. Ponnusamy, 42/2 Na Mettupalayam Road, Sps Bus Service, Rangasamuthriam, Sathyamangalam, Erode District.

Petitioner Vs The Sub Registrar Thalavadi, Gobichettipalayam, Erode District.

Respondent Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus, calling for records relating to Refusal Check Slip No.RFL/Thalavadi/5/2025 dated 5.4.2025 and quash the same and further direct the Respondent to register the settlement deed dated 04.04.2025 presented by the petitioner within a stipulated period as fixed by this Honble Court. For Petitioner :

Mr.S.Parthasarathy For Respondent :

Mr.P.Harish Government Advocate ***** 1/4

O R D E R

This writ petition has been filed challenging the impugned refusal check slip dated 05.04.2025 issued by the second respondent and for a consequential direction to register the settlement deed dated 04.04.2025 and to release the document.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondent.

3. The impugned refusal check slip has been issued by the respondent on the ground that the original title documents were not produced at the time of the registration. The petitioner in the affidavit filed in support of the writ petition has stated that the original title document has been lost and is not traceable and certified copy of the document is available.

4. In the considered view of this Court, the respondent cannot insist for original title documents in the light of the circular issued by the Inspector General of Registration dated 28.04.2025. Therefore, it will suffice if the petitioner adds a recital in the settlement deed to the effect that the original title document has been lost and is not traceable. If the same is done, the respondent is directed to register the settlement deed, if 2/4

it is otherwise in order.

In the result, the Writ Petition is allowed. There shall be no order as to costs.

29.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order mk To The Sub Registrar Thalavadi, Gobichettipalayam, Erode District. 3/4

N.ANAND VENKATESH, J mk 29.04.2025 4/4