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Madras High CourtWP/17433/2023disposed of

Duraisamy v. The Registrar,

2023-06-13Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

1. Duraisamy

2. Dinesh

3. Navaneetham ... Petitioners Vs.

1. The Registrar, Erode District.

2. The Sub-Registrar, Avalpoondurai, Erode District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Certiorarified Mandamus, calling for the records of the Refusal Check Slip issued by the second respondent in Refusal No. RFL/mty; g{e;Jiw/60/2023 dated 02.06.2023 and quash the same and consequently direct the second respondent to register the Deed of Partition dated 16.05.2023 entered among us in a time bound manner.

For Petitioners :

Mr.A.Mohamed Ismail For Respondents :

Mr.N.Naveenkumar, Government Advocate

O R D E R

The refusal check slip issued by the 2nd respondent in letter dated 02.06.2023 is set to be quashed in the present writ petition.

2. The petitioner has presented a partition deed dated 16.05.2023 for registration. The Registering Authority returned the document on the ground that the petitioner has not filed the original registered decree for verification.

3. The refusal check slip, which is impugned in the present writ petition reveals that the original document has not been produced. Registering authorities are empowered to verify the original documents at the time of registration. Thus, the petitioner is bound to produce the original documents and in case, the original documents are not available, then certified copy of the original documents are to be obtained from the competent authorities and to be produced before the registering authority for registration.

4. The learned counsel for the petitioner made a submission that the petitioner is ready and willing to produce the certified copy of the registered documents.

5. That being the submission, the respondents are at liberty to verify the certified copy and the other documents to be produced by the petitioner and if those documents are in order, then they are bound to proceed with the registration of documents.

6. With these observations, the writ petition in W.P.No.17433 of 2023 stands disposed of. No costs.

13.06.2023 2/2 skr Index : Yes

S.M.SUBRAMANIAM, J.

skr To

1. The Registrar, Erode District.

2. The Sub-Registrar, Avalpoondurai, Erode District.

13.06.2023 2/2