Meena v. The Inspecto Rgeneral Of Registration,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Meena

...Petitioner

Vs.

1.The Inspector General of Registration, Santhome High Road, Mylapore, Chennai.

2.The Sub-Registrar, Office of the Sub-Registrar, Paramathi, Namakkal District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of the impugned refusal check slip issued by the 2nd respondent in his proceedings in Refusal Number:RFL/Paramathi/114/2023 dated 22.08.2023 and quash the same and consequently direct the 2nd respondent to register the sale deed dated 18.08.2023 presented by the petitioner with the cerified copy of the previous title document i.e., the sale deed dated 02.09.2005 vide Doc.No.1644 of 2005 on the file of the second respondent.

For Petitioner :

Mr.P.Saravana Sowmiyan for Mr.W.Camyles Gandhi For Respondents :

Mr.C.Jayaprakash Government Advocate

ORDER

The impugned refusal check slip issued by the second respondent in proceeding dated 22.08.2023 is sought to be quashed. 2.The petitioner states that she is the purchaser of the subject property described in the present writ petition. A sale deed was presented for registration. The document was returned by the registering authority on the ground that the petitioner has failed to produce the original title document for verification.

3.The learned counsel for the petitioner states that the certified copy of the title document has already been produced and therefore, there is no impediment for registering a sale deed presented by the presentant. 4.Under Rule 55A of the Registration Rules, the Sub-Registrar is

empowered to verify the certified copy of the title document and proceed with the registration. The genuinity of the certified copy may be verified for the purpose of proceeding with the registration. 5.In view of the facts and circumstances, the impugned refusal check slip issued by the second respondent in proceeding No. RFL/Paramathi/114/2023 dated 22.08.2023 is quashed and the second respondent is directed to proceed with the registration by verifying the certified copy of the title document produced by the petitioner and complete the same within a period of four weeks from the date of receipt of a copy of this order.

6.Accordingly, the writ petition stands allowed. No costs. 22.09.2023 cse Index:Yes/No Speaking order/Non-speaking order

To 1.The Inspector General of Registration, Santhome High Road, Mylapore, Chennai.

2.The Sub-Registrar, Office of the Sub-Registrar, Paramathi, Namakkal District.

S.M.SUBRAMANIAM, J.

cse 22.09.2023