Malathi v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :08.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Malathi ... Petitioner Vs.

1.The Inspector General of Registration, Office of the Inspector General of Registration, Santhome High Road, Mylapore, Chennai - 600 004.

2.The District Registrar, District Registration Department, Gobichettipalayam, Erode District - 638 452.

3.Joint Sub-Registrar No II, Office of District Registration Department, Gobichettipalayam, Erode District - 638 452.

... 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 Third respondent's Refusal Check Slip No. RFL/2 No Joint Sub Registrar Gobichettipalayam /31/2023 dated 24.07.2023 and quash the same and consequently direct the third respondent to register the settlement deed filed by the petitioner without insisting for production of original document.

For Petitioner : Mr.J.Ranjithkumar For Respondents : Mr.P.Sanjay Gandhi, Government Advocate

O R D E R

The impugned Refusal Check Slip dated 24.07.2023 issued by the 3rd respondent is sought to be quashed in the present writ petition.

2. The petitioner states that she is the owner of the property situated at Plot Nos. 14 and 15 at Gobichettipalayam, Erode District. The petitioner had presented a Sale Deed in favour of her daughter viz., Ms.Shonasree. The 3rd respondent returned the document on the ground that the petitioner had failed to produce the original document for verification. The petitioner is in possession of the certified copy of the title document. When the presenter of the document is ready and willing to produce the certified copy of the document, there is no impediment for the registering authorities to verify the same and proceed with the registration. 3 In the present case, the petitioner has produced the certified copy of the title document and therefore, the 3rd respondent shall proceed with the same.

4 In view of the facts and circumstances, the impugned Refusal Check Slip in RFL/2 No Joint Sub Registrar Gobichettipalayam/31/2023 dated 24.07.2023 is quashed and the 3rd respondent is directed to proceed with the registration by verifying the certified copy of the title document produced by the petitioner.

exercise shall be completed within a period of four(4) weeks from the date of receipt of a copy of this order.

5. With these directions, the writ petition stands allowed. No costs. 08.08.2023 skr Index : Yes Speaking order To 1.The Inspector General of Registration, Office of the Inspector General of Registration, Santhome High Road, Mylapore, Chennai - 600 004.

2.The District Registrar, District Registration Department, Gobichettipalayam, Erode District - 638 452.

3.Joint Sub-Registrar No II, Office of District Registration Department, Gobichettipalayam, Erode District - 638 452.

S.M.SUBRAMANIAM, J.

skr 08.08.2023