K.Rajaram v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2021

CORAM:

THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN W.P.No.22140 of 2021 K.Rajaram ...Petitioner Vs.

1. The Inspector General of Registration, Inspector General Office, No.120, Santhome High Road, Chennai - 600 026.

2. The District Registrar, Sankarapuram Taluk, Kallakurichi District.

3. The Sub-Registrar, Sub-Registrar Office, Sankarapuram Taluk, Kallakurichi District.

4. Manikandan ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent pertaining to the Check Slip dated 30.09.2021 and quash the same and consequently, to direct the 3rd respondent to register and release the Sale Deed dated 30.09.2021 in respect of the land situated in S.F.No.26/4 at K.Unnamalaipalayam Village, Thandarampattu Taluk, Thiruvanamalai District. For Petitioner : Mr.P.Valliappan M/s.PV. Law Associates For RR 1 to 3 : Mr.V.Veluchamy Government Advocate.

ORDER

This writ petition has been filed for issuance of Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent pertaining to the Check Slip dated 30.09.2021 and quashing the same and consequently, directing the 3rd respondent to register and release the Sale Deed dated 30.09.2021 in

respect of the land situated in S.F.No.26/4 at K.Unnamalaipalayam Village, Thandarampattu Taluk, Thiruvanamalai District.

2. The petitioner intends to register the judgment and decree in O.S.No.741 of 2018, dated 06.09.2021 without the production of parent documents, the Sub Registrar, Sub Registrar Office, Sankarapuram Taluk and Kallakurichi District, had refused to register the same and directed the petitioner to produce the parent documents as contemplated in the Circular No.18339/C1/2012, dated 25.04.2012 issued by the first respondent namely The Inspector General of Registration, Santhome High Road, Mylapore, Chennai - 600 004. Aggrieved by the same, the present writ petition has been filed by the petitioner.

3. The learned counsel appearing for the petitioner submitted that he was not in a position to produce the same at the time of registration and as per the Circular issued by the first respondent. Despite the same, the third respondent namely Sub Registrar refused to register the judgment and decree.

4. Considering the above circumstances and the fact that the petitioner has complied with the Circular issued by the first respondent referred to above and also produced the parent and required documents, the third respondent/Sub Registrar herein is hereby directed to consider the petitioner's sale deed dated 30.09.2021 and if the petitioner has complied with all the requirements as contemplated in the above said Circular dated 25.04.2012, the third respondent/Sub Registrar is directed to register the sale deed and release the said document within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above directions, the writ petition is disposed of. Consequently, WMP.No.23374 of 2021 is also closed. No costs. Sd/- Assistant Registrar (CJ Conf.) //True Copy// Sub Assistant Registrar gba/msm To

1. The Inspector General of Registration, Inspector General Office, No.100, Santhome High Road, Chennai - 600 026.

2. The District Registrar, Sankarapuram Taluk, Kallakurichi District.

3. The Sub-Registrar, Sub-Registrar Office, Sankarapuram Taluk, Kallakurichi District.

+1cc to Mr.P.Valliappan, Advocate, S.R.No.53983 +1cc to the Government Pleader, S.R.No.54257 W.P.No.22140 of 2021 BR(CO) KKV/14/12/2021