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Madras High CourtWP/27882/2022allowed

S.Ananthakumar v. The Joint Sub Registrar I

2022-10-19Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S. Ananthkumar ... Petitioner Vs.

The Joint Sub-Registrar- I, O/o Sub Registrar, Gobichettipalayam, Erode District. .

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned refusal check slip in RFL/Joint/ Sub Registrar I Gobichettipalayam/80/2022 dated 20.9.2022 passed by the respondent, quash the same and consequently to direct the respondent to register the sale deed dated 19.09.2022 in the name of the petitioner in respect of the property measuring 1950 3⁄4 sq.ft., bearing S.F.Nos. 182 B and 183, Veerpandi Village, Ward D, Block 3, TS No. 21 of Gobichettipalayam

Municipality, Erode District and pass orders. For petitioner : Mr. N. Manokaran For Respondents : Mr.G. Krishna Raja Additional Government Pleader COMMON ORDER The petitioner has filed this petition to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned refusal check slip in RFL/Joint/ Sub Registrar I Gobichettipalayam/80/2022 dated 20.9.2022 passed by the respondent, quash the same and consequently to direct the respondent to register the sale deed dated 19.09.2022 in the name of the petitioner in respect of the property measuring 1950 3⁄4 sq.ft., bearing S.F.Nos. 182 B and 183, Veerpandi Village, Ward D, Block 3, TS No. 21 of Gobichettipalayam Municipality, Erode District.

2. Mr.G. Krishna Raja, learned Additional Government Pleader takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioners vendors executed a sale deed dated 19.09.2022 in favour of the the petitioner and the same was presented before the respondent on 20.09.2022. However, the said document was refused to be registered by the respondent on the ground that parent document was not annexed along with the document which is presented for registration. Challenging the same, the present Writ Petition has been filed by the petitioner for the above relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that though the petitioner annexed the certified copy of the parent document, even then the respondent refused to register the document is not sustainable, the issue involved in the present case, is no more res-integra. He further relied upon the decision of this Court in W.P.(MD)No.19745 of 2020, order dated 11.02.2021. The relevant portion of the above said order is extracted hereunder:- "8.This Court is entirely in agreement with the submissions made on behalf of the petitioner in this regard. The latest decision of the learned Single Judge appears to have not considered the

implication of the Circular with reference to the scheme of the relevant Act. On the other hand, the above three decisions cited on behalf of the petitioner would certainly hold the field and in which event, insistence on production of original Title Deeds by the Registering Authority is without any authority of law. The Circular issued by the Inspector General of Registration, Chennai in this regard cannot have any sanctity, unless the power of issuance of such Circular is authorized under the provisions of the Act. This Court has consistently held that no such power can be read into Act, in the absence of any specific provisions and in that view of the matter, as rightly contended by the learned Counsel for the petitioner, the subject issue is no more resintegra.

As far as the latest decision of the learned Single Judge is concerned, being a kind of a contra view, this Court is of the opinion that the order passed by the learned Single Judge of this Court in W.P.(MD)No.16768 of 2020, dated 26.11.2020 has not appreciated the provisions of the Act, as the reasons of the learned Single Judge are contrary to the well considered earlier Judgments of this Court. The learned Judge has reasoned without any specific reference to the scheme of the Act, which governs the registration."

5. The learned Special Government Pleader appearing for the respondents submits that the document presented by the petitioner was rejected by the respondent on the ground that original parent document was not annexed along with the document.

6. In view of the decision of this Court in W.P.(MD)No.19745 of 2020, order dated 11.02.2021, makes it clear that, there is no need to present

the parent document, certified copy of the parent document is sufficient to entertain the document for registration.

7. Accordingly, this writ petition is allowed, the impugned order is set aside and the respondent is directed to entertain the document presented by the petitioner and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, and the petitioner is directed to pay requisite Stamp Duty and Registration Charges. No costs.

19.10.2022 Index : Yes / No Internet : Yes / No Speaking Order/Non-Speaking Order smn To The Joint Sub-Registrar- I, O/o Sub Registrar, Gobichettipalayam, Erode District. .

M.DHANDAPANI,J.

smn 19.10.2022