Y.Neethyrajan v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.28305 of 2023 Y.Neethyarajan ... Petitioner Vs.

1.The District Registrar, Chennai South Registration District, No.9, Jennies Road, Saidapet, Chennai.

2.The Sub-Registrar, Kundrathur Sub-Registrar Office, NGS Enclave, Manickam Salai, Kunrathur, Chennai - 600 069.

... 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 of the 2nd respondent in his impugned order in Refusal No.RFL/Kundrathur/48/2023 dated 25.09.2023 and quash the same and consequently direct the 2nd respondent to register the settlement deed dated 25.09.2023 executed by the petitioner in favour of the son.

For Petitioner : Mr.P.Dinesh Kumar For Respondents : Mr.E.Sundaram, Government Advocate

O R D E R

The impugned Refusal Check Slip issued by the 2nd respondent in proceedings dated 25.09.2023 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 25.09.2023 issued by the respondent in RFL/Kundrathur/48/2023 is quashed and the 2nd 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. Consequently, the connected Miscellaneous Petition stands closed. No costs. 29.09.2023 skr Index : Yes Speaking order To

1.The District Registrar, Chennai South Registration District, No.9, Jennies Road, Saidapet, Chennai.

2.The Sub-Registrar, Kundrathur Sub-Registrar Office, NGS Enclave, Manickam Salai, Kunrathur, Chennai - 600 069.

S.M.SUBRAMANIAM, J.

skr 29.09.2023