Mrs.Rajeshwari v. The Sub Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.12.2021
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.27255 of 2021 Rajeshwari ... Petitioner Vs The Sub Registrar, O/o. Polur Sub Registrar, Polur-606 803.
... Respondent Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned refusal Check Slip No.RFL/POLUR/97/2021, dated 25.10.2021 passed by the respondent and quash the same and consequently direct the respondent to register the document presented by the petitioner for registration without insisting for the production of the original parent document within the time fixed by this Court. For Petitioner : Mr.J.Puratchidhasan For Respondent : Mr.Yogesh Kannadasan Special Government Pleader
ORDER
This writ petition is filed to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned refusal Check Slip No.RFL/POLUR/97/2021, dated 25.10.2021 passed by the respondent and quash the same and consequently direct the respondent to register the document presented by the petitioner for registration without insisting on the production of the original parent document, within the time that may be fixed by this Court.
2. The petitioner purchased the property, by registered sale deed dated 03.10.1990, vide Document No.812/1990. However, the petitioner lost the said sale deed and she being old aged, could not re-collect where she lost the same. Subsequently, she lodged a complaint before the Inspector of Police, Polur Police Station and it is pending. However, she was issued with patta in Patta No.1577. In the meanwhile, the petitioner intended to sell the said property in favour of one G.Manikandan and she executed the sale deed dated 25.10.2021 and presented it for registration https://hcservices.ecourts.gov.in/hcservices/
before the respondent. However, the Sub-Registrar refused to register the same and issued impugned check slip and directed the petitioner to produce certified copy of the parent deed along with necessary certificate from the concerned Police Station.
3. Considering the above facts and circumstances of the case, the petitioner is directed to re-present the sale deed dated 25.10.2021 for registration before the respondent along with certified copy of the parent deed dated 03.10.1990, registered vide Document No.812/1990 and Non- Traceable Certificate for the lost of the parent deed from the concerned Police Station. It is also made clear that the concerned Police Station, viz., the Inspector of Police, Polur Police Station is directed to issue Non- Traceable Certificate within a period of one week from the date of receipt of a copy of this order. It is needless to state that the respondent before registration, shall not insist on the production of the original parent document.
4. With the above direction, this Writ Petition is allowed as prayed for. No costs.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar kv To The Sub Registrar, O/o. Polur Sub Registrar, Polur-606 803.
Copy to:
The Inspector of Police, Polur Police Station,Polur.
+1 cc to Mr.J.Puratchidhasan, Advocate Sr.NO. 69113 +1 cc to Government Pleader Sr.NO. 69786 W.P.No.27255 of 2021 ksm(CO) A.SK(11.01.2022) https://hcservices.ecourts.gov.in/hcservices/