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Madras High CourtWP/15590/2023allowed

Velusamy v. The Sub Registrar

2023-07-03Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Velusamy ... Petitioner Vs.

The Sub Registrar, Sub-Registrar Office, Anthiyur, Erode District.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Certiorarified Mandamus, calling for the entire records in Refusal Number Refusal Number: RFL/Anthiyur/15/2023 dated 26.04.2023 on the file of the respondent and the quash the same and consequently directing the respondent to register the document presented by the petitioner along with his mother and sister dated 26.04.2023 registration without insisting for the production of the original parent document. For Petitioner : Mr.N.Chinnaraj For Respondent : Mr.C.Jaya Prakash, Government Advocate

O R D E R

The refusal check slip issued by the respondent in the Refusal Check Slip No.RFL/Anthiyur/15/2023 dated 26.04.2023 is sought to be quashed in the present writ petition.

2. The petitioner presented release deed for registration and the respondent returned the document on the ground that the petitioner has failed to produce the original title document. No doubt the registering authority is empowered to verify the original documents at the time of registration, so as to ensure that there is no fraudulent registration or otherwise. However, in the event of non-validity of the original title document, the petitioner is at liberty to produce the certified copy of the document and on such production, the registering authorities shall verify the genuinity of the certified copy of the documents and proceed with the registration.

3. The learned counsel for the petitioner states that the petitioner is ready to produce the certified copy of the title document.

4. That being the submission, the petitioner is at liberty to submit the

same and in the event of such submission, the respondent shall verify genuinity of the document and thereafter proceed with the registration by following the procedures as contemplated.

5. Accordingly, the impugned order in Refusal Check Slip No.RFL/Anthiyur/15/2023 dated 26.04.2023 is quashed and writ petition stands allowed. No costs.

03.07.2023 skr Index : Yes Speaking order To The Sub Registrar, Sub-Registrar Office, Anthiyur, Erode District.

S.M.SUBRAMANIAM, J.

skr 03.07.2023