Sivakumar v. The Sub Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Sivakumar ... Petitioner Vs.
The Sub-Registrar, Nellikuppam, Panruti Taluk, Cuddalore District.
... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of Certiorarified Mandamus, to call for the records and quash the refusal check slip in RFL/Nellikuppam/64/2025 dated 15.07.2025 issued by the respondent and consequently direct the respondent to register the settlement deed dated 14.07.2025 executed by petitioner in favour of Tmt.Sivaranjini in respect of the property bearing R.S.No.14/4 Hec. 0.65.58 in Karamanikuppam Village, Cuddalore Taluk, Cuddalore District.
For Petitioner :
Mr.D.Baskar For Respondent :
Mr.Abishek Murthy Government Advocate
O R D E R
The present writ petition is filed challenging the refusal check slip dated 15.07.2025, whereby the settlement deed dated 14.07.2025 presented for registration was refused on the premise that the patta has not been transfered to the name of settlor.
2. By consent of learned counsel appearing for both sides, this writ petition is taken up for final disposal at the admission stage itself.
3. Learned counsel appearing for petitioner would submit that the above reason is contrary to Circular No.22482/C1/2024 dated 12.07.2024, wherein the following instruction had been issued: "a) Vide Inspector General of Registration Circular No.58804/L1/2004 dated 08.11.2004 it has been already instructed that registering officers should not insist
the registrants to produce Chitta, Adangal, Rental value certificate etc. Moreover, in the said circular it was stated that if any violation is found, severe disciplinary action would be initiated against the registering officer. Further, it is hereby reiterated that if registering officers are found to have passed an order of refusal on the grounds that the executant of a document has not produced Chitta, Adangal, FMB Sketch, then severe disciplinary actions will be taken."
4. Learned Government Advocate appearing for respondent would submit that petitioner may re-present the document, namely, settlement deed and on such re-presentation, the settlement deed would be registered, if it is otherwise in order. If for any reason, registration is refused, a check slip would be issued after assigning reason, which was agreed to by learned counsel for petitioner.
5. This Court finds merits in the submission made by learned counsel for petitioner and therefore, the impugned order is set aside. In view
thereof, there shall be a direction to petitioner to re-present the documents / settlement deed to the respondent within a period of four weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. On such re-presentation, the respondent shall register the settlement deed within a period of two weeks thereafter, if it is otherwise in order. If for any reason, the Registering Authority refuses to register the settlement deed, the same would be done by issuing a refusal slip assigning reason.
6. With the above observation and direction, this Writ Petition stands disposed of. No costs.
25.08.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji
To The Sub-Registrar, Nellikuppam, Panruti Taluk, Cuddalore District.
MOHAMMED SHAFFIQ, J.
vji 25.08.2025