Lakshmi v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Lakshmi ... Petitioner Vs.

The Sub Registrar, Registration Department, Singanallur, Coimbatore.

... 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 note dated 10.06.2025 issued by the respondent herein, quash the same and consequently direct the respondent herein to issue the certified copy of the General Power of Attorney dated 07.02.2002 in Document No.41 of 2002 to the petitioner within a stipulated period.

For Petitioner :

Mr.Marudhachalam For Respondent :

Mr.U.Baranidharan Special Government Pleader

O R D E R

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. The present writ petition has been filed challenging the refusal note dated 10.06.2025 whereby petitioner's request for issuance of certified copy of General Power of Attorney dated 07.02.2002 in Document No.41 of 2002 was rejected on the premise that petitioner is neither the executor nor witness of the power of attorney.

3. It is stated by learned counsel for petitioner that he is the owner of the property comprised in S.F.Nos.303/3 and 304/9 measuring an extent of 1.15 and 2.00 acres respectively. The property in S.F.No.303/3 was purchased by petitioner vide sale deed dated 06.06.2008 registered as

Document No.4721 of 2008. Petitioner while applying for encumbrance certificate found that certain encumbrance has been made in respect of the subject property vide Document No.1520 of 2009 which was executed by the power of attorney. It is under these circumstances, petitioner had sought for copy of certified copy of General Power of Attorney dated 07.02.2002 vide Document No.41 of 2002 and the same was rejected. Hence, the present writ petition has been filed.

4. Since learned counsel for petitioner states that he has right over the subject property, it is appropriate that the certified copy of the power of attorney which formed basis for the subsequent sale in favour of Muthulakshmi has to be forwarded to petitioner at her cost.

5. Accordingly, the present Writ Petition is disposed of directing respondent to issue certified copy of General Power of Attorney dated 07.02.2002 registered as Document No.41 of 2002 to the petitioner within a period of one week from the date of uploading of the web copy without

waiting for the receipt of certified copy. No costs. 08.07.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To The Sub Registrar, Registration Department, Singanallur, Coimbatore.

MOHAMMED SHAFFIQ, J.

vji 08.07.2025