R.Kaveri v. The Joint Registrar -I

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM R.Kaveri ... Petitioner Vs.

The Joint Registrar-I, Thiruvannamalai, Thiruvannamalai District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order passed by the respondent in his Refusal Number: RFL/1 Number Joint Sub Registrar Thiruvannamalai/76/2023, dated 28.07.2023 and quash the same and consequently directing the respondent to receive and entertain the petitioner's settlement deed dated 21.07.2023 and register the same by receipt of the prescribed stamp duty as well as charges and return the original settlement deed to the petitioner. For Petitioner : Mrs.R.Hemalatha For Respondent : Mr.T.Arunkumar, Additional Government Pleader.

O R D E R

The impugned Refusal Check Slip issued by the Respondent returning the Settlement Deed presented by the petitioner for registration is under challenge in the present writ petition.

2. The learned Counsel for the petitioner states that the Settlement Deed presented by the presentant was returned on the ground that the petitioner failed to produce the original title document for verification. However, the petitioner is ready to submit the certified copy of the title document for verification. Under Rule 55-A of the Registration Rules, there is no impediment for the Registering Authority to verify the certified copy of the title document to ascertain its genuinity and accordingly proceed with the registration by following the proceedings as contemplated. Since the petitioner is ready to produce the certified copy, the respondent shall proceed with the registration by verifying the same.

3. Accordingly, the order impugned passed by the respondent in proceeding RFL/1 Number Joint Sub Registrar Thiruvannamalai/76/2023, dated 28.07.2023 is quashed. The petitioner shall produce the certified copy of the title document and on such production, the respondent is directed to

complete the process of registration within the period of four (4) weeks from the date of receipt of a copy of this order.

4. Accordingly, the Writ Petition stands allowed. No costs. 07.09.2023 Index:Yes Speaking order veda/sha To The Joint Registrar-I, Thiruvannamalai, Thiruvannamalai District.

S.M.SUBRAMANIAM, J.

sha 07.09.2023