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Madras High CourtWP/27749/2023allowed

Palanisamy v. The District Registrar (Administration)

2023-09-22Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Palanisamy

...Petitioner

Vs.

1.The District Registrar [Administration], Salem [East], Salem District.

2.The Sub-Registrar, Veerapandi, Salem District.

...Respondents

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 the order passed by the 1st respondent in Na.Ka.No.674/A1/2023 dated 06.02.2023 and set aside the same as illegal and subsequently direct the 2nd respondent to register the sale deed dated 27.01.2023 executed by the petitioner.

For Petitioner :

Mr.M.Subash For Respondents :

Mr.T.Arun Kumar Additional Government Pleader

ORDER

The impugned refusal check slip issued by the Sub-Registrar in proceedings dated 06.02.2023 is sought to be quashed in the present writ petition.

2.The petitioner states that he is the owner of the subject property described in the present writ petition. The petitioner submitted a sale deed for registration. The registering authority returned the document on the ground that the petitioner has failed to produce the original title document for verification.

3.The learned counsel for the petitioner made a submission that the petitioner has already produced the certified copy of the title document for verification. There is no impediment for the Sub-Registrar to verify the certified copy of the document for the purpose of proceeding with the registration by following the procedures. The genuinity of the certified copies produced by the petitioner can be verified and accordingly the document presented shall be registered.

4.In view of the fact that the petitioner is ready to produce the certified copy of the title document, the second respondent is directed to receive the said certified copy of the title document, verify its genuinity and proceed with the registration.

5.Accordingly, the impugned order passed by the second respondent in proceedings Na.Ka.No.674/A1/2023 dated 06.02.2023 is quashed and the second respondent is directed to complete the process of registration within a period of four weeks from the date of receipt of a copy of this order. 6.With these directions, the writ petition stands allowed. No costs. 22.09.2023 cse Index:Yes/No Speaking order/Non-speaking order

S.M.SUBRAMANIAM, J.

cse To 1.The District Registrar [Administration], Salem [East], Salem District.

2.The Sub-Registrar, Veerapandi, Salem District.

22.09.2023