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Madras High CourtWP/21949/2023allowed

R.Kumaresan v. The Sub Registrar

2023-07-25Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM R.Kumaresan ... Petitioner Vs.

The Sub-Registrar, Negamam Sub-Register Office, Pollachi Taluk, Tiruppur District.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the entire record pertaining to the impugned Refusal Check Slip in Refusal No.RFL/Negamam/95/2023 dated 19.07.20233 passed by the respondent and quash the same.

For Petitioner : Mr.Ma.Pa.Thangavel For Respondent : Mr.D.Ravichander, Special Government Pleader

O R D E R

The impugned Refusal Check Slip dated 19.07.2023 issued by the respondent is under challenge in the present writ petition.

2. The petitioner presented Release Deed for registration. The respondent returned the release deed on the ground that the petitioner has failed to furnish the original document. The learned counsel for the petitioner states that the original documents are not available with the petitioner and therefore, he is ready and willing to submit the certified copy of the document, enabling the registering authority to verify the same.

3. There is no impediment for the respondent to verify the certified copy for the purpose of registering the document. Since the petitioner is ready and willing to furnish the certified copy of the original document, the registering authority shall verify the same and proceed with the registration.

4. Accordingly, the impugned Refusal Check Slip dated 19.07.2023 issued by the respondent is quashed and the respondent shall verify the certified copy of the document to be produced by the petitioner and

thereafter proceed with the registration by following the procedures as contemplated.

5. With these observations, the writ petition stands allowed. No costs. 25.07.2023 skr Index : Yes To The Sub-Registrar, Negamam Sub-Register Office, Pollachi Taluk, Tiruppur District.

S.M.SUBRAMANIAM, J.

skr 25.07.2023