L.Aruljothi v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM L.Aruljothi ... Petitioner Vs.

The Sub Registrar, Rasipuram SRO, Rasipuram, Namakkal District.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Certiorarified Mandamus, calling for the records relating to the impugned Refusal Check Slip in RFL/Rasipuram/135/2023 dated 14.06.2023 passed by the respondent, quash the same and consequently to direct the respondent to register the sale deed dated 14.06.2023 executed by V.Dhanasekaran in respect of the property measuring 15821⁄2 sq.ft in T.S.No.14/3A4, Block No.5, Ward - D, Rasipuram Town, (Previously Old S.No.90/2B, Koneripatti Village) Namakkal District. For Petitioner : Mr.N.Manoharan For Respondent : Mr.E.Sundaram, Government Advocate

O R D E R

The Refusal Check Slip dated 14.06.2023 passed by the respondent is sought to be quashed in the present writ petition.

2. The petitioner states that she had purchased the property from her vendor and based on the agreement presented a sale deed for registration. The registering authority returned the document on the ground that the petitioner has failed to produce the original title document.

3. The learned counsel for the petitioner made a submission that the original documents are not available with her and therefore, she is ready and willing to produce the certified copy of the title document of her vendor. There is no impediment for the registering authority to verify the certified copy of the document and proceed with the registration in the manner contemplated.

4. In view of the fact that the petitioner is ready and willing to submit the certified copy of the title documents, the respondent shall verify genuinity of the document and accordingly proceed with the registration.

5. In view of the facts and circumstances, impugned order passed by the respondent in the Refusal Check Slip in RFL/Rasipuram/135/2023 dated 14.06.2023 passed by the respondent is quashed and the respondent is directed to proceed with the registration, if the documents are otherwise in accordance with the provisions of the Registration Act.

6. Accordingly, the writ petition stands allowed. No costs. 05.07.2023 skr Index : Yes Speaking order To The Sub Registrar, Rasipuram SRO, Rasipuram, Namakkal District.

S.M.SUBRAMANIAM, J.

skr 05.07.2023