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Madras High CourtWP/20519/2024allowed

Duraisamy v. The Sub Registrar,

2024-07-25Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2024

CORAM

THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR Duraisamy .. Petitioner Vs The Sub Registrar Moolanur Sub Registrar Office Tiruppur District .. Respondent Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records relating to the impugned refusal check slip dated 05.07.2024 in RFL/Moolanur/15/2024 made by the respondent, quash the same and consequently direct the respondent to register and release the settlement deed dated 05.07.2024. For Petitioner : Mr.R.Prabakar For Respondent : Mr.B.Vijay Additional Government Pleader

O R D E R

With the consent of both sides, the Writ Petition is taken up for final 1/4

disposal at the admission stage itself.

2. Challenging the impugned Refusal Check Slip dated 05.07.2024 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. The case of the petitioner is that when the Settlement Deed dated 05.07.2024 executed by him in favour of his son, has been presented for registration, the same has been refused to be registered by the respondent, on the ground that the original parent document has not been produced. Hence, the present Writ Petition.

5. Since the issue as to whether a document can be refused to be registered on the ground of non-availability of original parent document, has already been decided by this Court in Federal Bank Vs. Sub Registrar and Others [(2023)2 CTC 289] and also in Subramani Vs. The Sub Registrar, Rasipuram and Another (W.P.No.11056 of 2024 decided on 26.04.2024), there is no requirement to get counter affidavit from the respondent. 2/4

6. Follwing the above decisions, 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 from the date of receipt of a copy of this order.

With the above direction, this writ petition is allowed. No costs. 25.07.2024 gya Index : Yes/No To The Sub Registrar Moolanur Sub Registrar Office Tiruppur District 3/4

N.SATHISH KUMAR, J.

gya 25.07.2024 4/4