R.Thangadurai v. The Sub Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.09.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Mr.R.Thangadurai
...Petitioner
Vs The Sub-Registrar Tiruppur Joint-1 Sub Registration Office Tiruppur 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 records relating to impugned Refusal Check Slip issued by the respondent dated 11.08.2023 and quash the same as illegal and unconstitutional and consequently direct the respondent to forthwith register and release the Deed of Settlement dated 11.08.2023 presented by the petitioner with reference to T.P.No.157603455/2023 in respect of the land comprised in K.S.No: 75/3A, admeasuring 30 cents, situated in Muthanam Palayam, Tiruppur Taluk & District without insisting the production of original previous document in Doc.No; 5055/2006 and production of Non-Traceable certificate.
For Petitioner : Mr.K.Balasubramanian For Respondent : Mr.T.Arunkumar, Additional Government Pleader
ORDER
The impugned refusal check slip passed by the respondent/SubRegistrar in proceeding dated 11.08.2023 is sought to be quashed in the present writ petition.
2. The petitioner submitted a Settlement Deed for registration. The document was returned on the ground that the petitioner has failed to produce the original title document.
3. Under Rule 55-A of the Registration Rules, the Registering Authority is empowered to verify the certified copy of the document for verification. In other words, there is no impediment for verification of certified copy of title document for the purpose of proceeding with the registration.
4. The petitioner, in the present case, is ready to present the certified copy of the title document and therefore, the respondent shall verify the genuinity of the certified copy to be produced by the petitioner within a
stipulated time.
5. Accordingly, the impugned refusal check slip passed by the respondent/Sub-Registrar in the proceeding dated 11.08.2023 is quashed. Consequently, the petitioner is granted liberty to produce the certified copy of the title document to the respondent and on receipt of the same, respondent shall verify the genuinity of the certified copy and proceed with the registration and complete the same within a period of four weeks from the date of receipt of a copy of this order.
6. With the above observations, the Writ Petition stands allowed. No costs.
14.09.2023 Index:Yes Speaking order dpa/hvk
S.M.SUBRAMANIAM,J.
dpa/hvk To The Sub-Registrar Tiruppur Joint-1 Sub Registration Office Tiruppur District.
14.09.2023