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Madras High CourtWP/28718/2023allowed

Punithavathy v. The Inspector General Of Registration

2023-09-29Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Punithavathy ... Petitioner Vs.

1.The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai- 28.

2.The Deputy Inspector General of Registration - Coimbatore Zone, 6/1, GRD Road, Opp. Airforce Admin College, Redfields, Puliakulam, Coimbatore - 641 018.

3.The District Registrar, Collector Office Compound, Gopalapuram, Coimbatore - 641 018.

4.The Sub-Registrar - Ganapathy, Ganapathy Sub Registrar Office, Coimbatore.

... Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 04.09.2023 bearing refusal number : RFL/ Ganapathy/22/2023 on the file of the 4th respondent and quash the same and consequently direct the 4th respondent to register and release the settlement deed, in accordance with law.

For Petitioner : Mr.R.Narayanan For Respondents : Mr.C.Jayaprakash, Government Advocate

O R D E R

The impugned Refusal Check Slip issued by the 4th respondent in proceedings dated 04.09.2023 is under challenge in the present Writ Petition.

2. The petitioner states that the Settlement Deed was presented for registration. The document presented by the petitioner was returned on the ground that the petitioner has failed to produce the original title document under Rule 55-A of the Registration Rules.

3. There is no impediment for the Sub-Registrar to verify the certified copy of the title document by ascertaining its genuinity.

4. The learned counsel for the petitioner states that the petitioner is ready and willing to produce the certified copy of the document for registration under Rule 55-A of the Registration Rules.

5. That being the factum, the Sub-Registrar shall proceed with the registration by verifying the certified copy of the title document by the petitioner and by ascertaining its genuinity.

6. Accordingly, the impugned Refusal Check Slip dated 04.09.2023 issued by the respondent in RFL/ Ganapathy/22/2023 is quashed and the 4th respondent is directed to proceed with the registration and complete the same within a period of four (4) weeks from the date of receipt of a copy of this order.

7. Accordingly, the Writ Petition stands allowed. No costs. 29.09.2023 skr Index : Yes Speaking order To 1.The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai- 28.

2.The Deputy Inspector General of Registration - Coimbatore Zone, 6/1, GRD Road, Opp. Airforce Admin College, Redfields, Puliakulam, Coimbatore - 641 018.

3.The District Registrar, Collector Office Compound, Gopalapuram, Coimbatore - 641 018.

4.The Sub-Registrar - Ganapathy, Ganapathy Sub Registrar Office, Coimbatore.

S.M.SUBRAMANIAM, J.

skr 29.09.2023