T.G.Mohanraj v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2024

CORAM

THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR T.G. Mohanraj Petitioner vs.

The Sub Registrar Bargur Sub Registrar Office Krishnagiri Respondent Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records pertaining to the refusal check slip in refusal number RFL/BARGUR/31/2024 dated 04.06.2024 and quash the same as illegal and unsustainable and consequently direct the respondent to admit and register the settlement deed dated 04.06.2024 executed by the petitioner in favour of her daughter named Ishwarya with respect to the residential plot outlined in Doc.No.3275 of 2011 on the file of the SRO, Bargur, without insisting upon production of original sale deed dated 12.10.2011 vide document no.3275 of 2011. For Petitioner Mr. I. Shanmugaraja For respondent Mr. B. Vijay, Addl. Govt. Pleader 1/4

O R D E R

With the consent of both sides, the Writ Petition is taken up for final disposal at the admission stage itself.

2. Challenging the impugned Refusal Check Slip dated 04.06.2023 passed by the respondent, this writ petition has been filed.

3. Heard learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondent and perused the materials available on record.

4. When the petitioner presented a Settlement Deed dated 04.06.2024 for registration, the same was refused to be registered by the respondent, stating that the original sale deed dated 12.10.2011 has not been produced. In view of the law settled by this Court in Federal Bank Vs. Sub Registrar and Others [(2023)2 CTC 289] and as long as it holds good and a direction is also given to the registering authorities in this regard, the respondent cannot once again insist the petitioner, for compliance of Rule 55-A of the Registration Act. Hence, the impugned order passed by the respondent is set aside and the respondent is directed to register the Settlement Deed of the petitioner, within a week's time 2/4

from the date of receipt of a copy of this order. With the above direction, this writ petition is allowed. No costs. 13.06.2024 gya Index : Yes/No To The Sub Registrar Bargur Sub Registrar Office Krishnagiri 3/4

N.SATHISH KUMAR, J.

gya 13.06.2024 4/4