Lakshmiammal v. The Sub Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.28046, 28047 and 28050 of 2021 and W.M.P.Nos.29622, 29624 & 29627 of 2021 Lakshmiammal .... Petitioner in all W.Ps Vs The Sub Registrar Sub Registrar Office Karimangalam .... Respondent in all W.Ps Prayer in W.P No.28046 of 2021 :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the impugned Refusal Check Slip No.RFL/Karimangalam/145/2021 dated 15.11.2021 issued 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 production of original sale deed in document No.2825/1981 dated 16.09.1981 on the file of Joint SRO, Dharmapuri forthwith.
Prayer in W.P No.28047 of 2021 :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the impugned Refusal Check Slip No.RFL/Karimangalam/147/2021 dated 15.11.2021 issued 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 production of original sale deed in document No.2825/1981 dated 16.09.1981 on the file of Joint SRO, Dharmapuri forthwith.
Prayer in W.P No.28050 of 2021 :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the impugned Refusal Check Slip No.RFL/Karimangalam/146/2021 dated 15.11.2021 issued 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 production of original sale deed in document No.2825/1981 dated 16.09.1981 on the file of Joint SRO, Dharmapuri forthwith.
In all W.Ps For Petitioner : Mr.T.Vedi For Respondents : Mr.Yogesh Kannadasan Government Advocate COMMON ORDER These writ petitions have been filed for issuance of Writ of Certiorarified Mandamus, calling for the records of the impugned Refusal Check Slip Nos. RFL/Karimangalam/145/2021, RFL/Karimangalam/147/2021 and RFL/Karimangalam/146/2021 dated 15.11.2021 issued 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 production of original sale deed in document No.2825/1981 dated 16.09.1981 on the file of Joint SRO, Dharmapuri forthwith.
2. Heard, Mr.T.Vedi, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents.
3. The case of the petitioner is that the petitioner owned a land comprised in survey No.5/5 to an extent of 0.21.0 hectares, comprised in survey No.6/6 to an extent of 0.14.0 hectare and comprised in survey No.6/7 to an extent of 0.14.0 hectare situated at Molappanaalli Village, Karimangalam Taluk, Dharmapuri District. The said properties were purchased by the petitioner under a registered sale deed dated 16.09.1981 vide document No.2825 of 1981. The petitioner decided to sell the same by way of three sale deeds in favour of third parties and executed sale deeds dated 15.11.2021 and presented for registration before the respondent. However, the petitioner misplaced the parent document and as such, she could not present the same before the respondent while presenting the sale deeds for registration. Therefore, the respondent, issued impugned check slip dated 15.11.2021, directing the petitioner to produce the original parent documents. It is also seen that the petitioner did not lodge any complaint sofar for the lost of the parent document.
4. Considering the above, the impugned Refusal Check Slip Nos. RFL/Karimangalam/145/2021, RFL/Karimangalam/147/2021 and RFL/Karimangalam/146/2021 dated 15.11.2021 issued by the
respondent is hereby set aside. However, the petitioner is directed to lodge a police compliant, on receipt of nontraceable certificate from the concerned police station and after publication of the public notice in respect of the lost of the parent documents and re-present the sale deeds along with the certified copy of the parent document along with the nontraceable certificate. On receipt of the same, the respondent is directed to register and release the same, if it is otherwise in order.
5. In the result, these writ petitions stand allowed. Consequently, connected miscellaneous petitions are closed. No costs.
Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar Lpp To The Sub Registrar Sub Registrar Office Karimangalam +3cc to Mr.R.Bharath, Advocate, S.R.No.1177 to 1179 +1cc to the Government Pleader, S.R.No.1094, 1090 W.P.Nos.28046, 28047 & 28050 of 2021 and W.M.P.Nos.29622, 29624 & 29627 of 2021 GPL(CO) SB(25/02/2022)