K.Sathish v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM K.Sathish ... Petitioner Vs.

1.The District Registrar, Annai Sathya Nagar, Rangampalayam, Erode, Erode District.

2.The Sub Registrar, Perundurai, Erode District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order in RFL/Perundurai/29/2023 dated 21.04.2023 passed by the 2nd respondent and quash the same and further direct the 2nd respondent to register the partition deed dated 21.04.2023. For Petitioner : Mr.B.M.Kiran Kishan For Respondents : Mr.D.Ravichander, Special Government Pleader

O R D E R

The impugned Refusal Check Slip dated 21.04.2023 is under challenge in the present writ petition.

2. The petitioner states that he has presented a partition deed for registration. The 2nd respondent / the Sub-Registrar had returned the document on the ground that the petitioner has not produced the original document of the year 1912. The petitioner is not in possession of the original title document. However, he is ready and willing to furnish the certified copy of the document for verification. When original documents are not available with the person presenting the document for registration, the registering authority shall verify the certified copy of the documents, and accordingly, proceed with the registration, if it is otherwise in order. In lieu of original documents, the certified copy of the said documents may be scrutinized for the purpose of registering a document presented.

3. In view of the fact that the petitioner is ready and willing to submit the certified copy of the original document, the 2nd respondent / the registering authority shall scrutinize the same, if produced and thereafter,

proceed with the registration by following the procedures as contemplated. The said exercise is directed to be completed within a period of four weeks from the date of receipt of a copy of this order.

4. Accordingly, the writ petition stands allowed. No costs. 18.07.2023 skr Index : Yes Speaking order To 1.The District Registrar, Annai Sathya Nagar, Rangampalayam, Erode, Erode District.

2.The Sub Registrar, Perundurai, Erode District.

S.M.SUBRAMANIAM, J.

skr 18.07.2023