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Madras High CourtWP/33431/2025allowed

Soku Rebecca Kuruvilla v. State Of Tamil Nadu

2025-09-09Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 09.09.2025

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY Soku Rebecca Kuruvilla Rep. herein by her father and POA Mr.A.M.Kuruvilla ... Petitioner Vs.

1.State of Tamil Nadu, Rep. by its Secretary to the Government, Commercial Taxes and Registration Department, Fort St.George, Chennai - 600 009.

2.Inspector General of Registration, Office of the Inspector General of Registration, 100, Santhome High Road, Santhome, Chennai - 600 004. 3.The Sub-Registrar, Sub-Registration Office, Anna Nagar, Chennai - 600 037.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records culminating in the 'Refusal Check Slip' (bearing Refusal No:RFL/Anna Nagar/100/2025 dated 31.07.2025), quash the same and 1/6

direct the third respondent to register the Deed Poll of Power of Attorney dated 30.07.2025 (bearing Ref No: TP/227874420/2025) already presented for registration to the Sub-Registrar, Anna Nagar on 31.07.2025 and return it to the petitioner's Power of Attorney Agent. For Petitioner : Mr.K.F.Manavalan For Respondents : Mr.U.Baranidharan, Special Government Pleader

ORDER

The relief sought for in this writ petition is to call for the records culminating in the 'Refusal Check Slip' (bearing Refusal No:RFL/Anna Nagar/100/2025 dated 31.07.2025), quash the same and direct the third respondent to register the Deed Poll of Power of Attorney dated 30.07.2025 (bearing Ref No: TP/227874420/2025) already presented for registration to the Sub-Registrar, Anna Nagar on 31.07.2025 and return it to the petitioner's Power of Attorney Agent.

2. Mr.U.Baranidharan, learned Special Government Pleader takes notice on behalf of the respondents. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself. 2/6

3. Learned counsel for the petitioner submitted that the petitioner desired to authorize her father to act on her behalf regarding her proprietory/personal interest in India by a suitable Deed Poll of Power of Attorney. In this regard, she applied online along with requisite fee on 30.07.2025. When the petitioner went to register the said Deed Poll of Power of Attorney, the third respondent refused to register the same vide refusal check slip No.RFL/Anna Nagar/100/2025 dated 31.07.2025, on the ground that the documents to establish title like patta and encumbrance certificate have not been furnished. Challenging the same, the petitioner has come forward with the present writ petition.

4. Learned Special Government Pleader appearing for the respondents would fairly submitted that as per circular No.22482/C1/2022 dated 12.07.2024, the aforesaid two documents are not required for the purpose of registering the Power of Attorney. Therefore, in the event, the document is re-presented, the same will be reconsidered and the Power of Attorney will be registered. 3/6

5. Heard the learned counsel on either side and perused the materials available on record.

6. As rightly submitted by the learned Special Government Pleader appearing for the respondents, the aforesaid two documents are not required for registering the Power of Attorney, in terms of circular No.22482/C1/2022 dated 12.07.2024. When such being the case, the third respondent should have not rejected the petitioner's application for registration. Therefore, the impugned order dated 31.07.2025 passed by the third respondent is liable to be quashed. Accordingly, the same is quashed.

7. In view of the above, this Court directs the petitioner to represent the documents for registering the Power of Attorney, before the third respondent. On such receipt, the third respondent is directed to register the same, as expeditiously as possible, without asking for any Patta and Encumbrance Certificate from the petitioner. 4/6

In the result, this writ petition stands allowed. No costs. 09.09.2025 Speaking/Non-speaking order Index : Yes / No vm To 1.The Secretary to the Government, Commercial Taxes and Registration Department, Fort St.George, Chennai - 600 009.

2.Inspector General of Registration, Office of the Inspector General of Registration, 100, Santhome High Road, Santhome, Chennai - 600 004. 3.The Sub-Registrar, Sub-Registration Office, Anna Nagar, Chennai - 600 037.

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KRISHNAN RAMASAMY.J., vm 09.09.2025 6/6