Palanivelu v. The Joint Sub-Registrar-I
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Palanivelu ... Petitioner Vs.
The Joint Sub-Registrar-I, (District Registrar Grade), District Registrar's Office, Salem (East), Salem District.
... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of Certiorarified Mandamus, to call for the records relating to the impugned refusal check slip in Refusal No.RFL/1 Joint Sub-Registrar, Salem East/77/2025 dated 25.04.2025 issued by the respondent and quash the same and consequently direct the respondent to register the sale deed dated 25.04.2025 presented by the petitioner. For Petitioner :
Mr.L.Ramanathan For Respondent :
Mr.U.Baranidharan Special Government Pleader
O R D E R
The present writ petition is filed challenging the refusal check slip dated 25.04.2025, whereby the sale deed dated 25.04.2025 presented for registration was refused on the ground that original title deed has not been furnished.
2. By consent of learned counsel appearing for both sides, this writ petition is taken up for final disposal at the admission stage itself.
3. Learned counsel appearing for petitioner would rely upon the circular dated 28.04.2025 in Letter No.44420/C1/2024, wherein it has been instructed that the Registering Officer shall not insist on production of the original previous documents. The relevant portion is extracted hereunder: "(4) In other words the Registering Officers shall not insist production of Original Previous documents or Non-Traceable Certificate from the Police Department or Encumbrance Certificate and other Revenue details from the Registrants."
4. Learned Special Government Pleader appearing for respondent would submit that petitioner may re-present the document, namely, sale deed and on such re-presentation, the sale deed would be registered, if it is otherwise in order. If for any reason, registration is refused, a check slip would be issued after assigning reason, which was agreed to by learned counsel for petitioner.
5. This Court finds merits in the submission made by learned counsel for petitioner and therefore, the impugned order is set aside. In view thereof, there shall be a direction to petitioner to re-present the documents / sale deed to the respondent within a period of four weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. On such re-presentation, the respondent shall register the sale deed within a period of two weeks thereafter, if it is otherwise in order. If for any reason, the registering authority refuses to register the sale deed, the same would be done by issuing a refusal slip assigning reason.
6. With the above observation and direction, this Writ Petition stands disposed of. No costs.
08.07.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji
To The Joint Sub-Registrar-I, (District Registrar Grade), District Registrar's Office, Salem (East), Salem District.
MOHAMMED SHAFFIQ, J.
vji 08.07.2025