G.Loganayagi v. The Sub Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No. 24852 of 2019 G.Loganayagi ... Petitioner -VsThe Sub-Registrar Sub-Registration Office Neelangarai, Chennai 4.

... Respondent Prayer :

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondent to accept the returned Release Deed dated 16.07.2019, presented by the Petitioner, Temporary No. TP/67303437/2019 dated 17.07.2019 and make registration without demanding bribe from the 69 years old Petitioner. For Petitioner : Mr. P.Vijendran For Respondent : Mr. T.M.Pappiah Special Government Pleader

O R D E R

Mr. T.M. Pappiah, Learned Special Government Pleader takes notice for the Respondent.

2.

The grievance sought to be ventilated by the Petitioner in this Writ Petition is that when she presented a release deed executed by her in favour of her daughters before the Respondent, who is the Registering Authority under the Registration Act, 1908, the original parent documents have been insisted. Aggrieved thereby, the Petitioner has filed this Writ Petition for directing the Respondent to accept the release deed dated 16.07.2019 presented by the Petitioner. 3.

The Learned Special Government Pleader appearing for the Respondent, on instructions, submits that it would suffice to register the document if certified copies of the parent title deeds are produced along with an affidavit from the Petitioner explaining where the parent documents of title are available and if the same have been lost, to also produce a certificate from https://hcservices.ecourts.gov.in/hcservices/

the police officer of the jurisdictional Police Station reporting their loss or non-traceability along with publication made in a widely circulated newspaper about such loss of the documents.

4.

The aforesaid submissions made on behalf of the Respondent, deserves acceptance. Learned Counsel for the Petitioner submits that the Petitioner would present the documents for registration complying with the aforesaid requirements.

5.

The Writ Petition is disposed on the aforesaid terms. It is needless to add here that if the Petitioner is still aggrieved, it is certainly open to her to pursue appropriate remedy for the same in the manner recognized by law. No costs. Sd/- Assistant Registrar (CS-II) //True Copy// Sub Assistant Registrar dna/gsa To The Sub-Registrar Sub-Registration Office Neelangarai, Chennai 4.

+1cc to Mr.P.Vijendran, Advocate, S.R.No.72810 +1cc to the Government Pleader, S.R.No. 74061 W.P. No. 24852 of 2019 VBA(CO) GN(01/10/2019) https://hcservices.ecourts.gov.in/hcservices/