Geethalakshmi v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Geethalakshmi ... Petitioner Vs.

1. The District Registrar, Dharmapuri District, Dharmapuri.

2. The Sub-Registrar, Harur Sub-Registrar, Harur, Dhrumapuri.

... Respondents PRAYER: The Writ Petition filed under Section 226 of the Constitution of India, pleased to issue a Writ or direction or order more particularly in the nature of Writ of Certiorarified Mandamus calling for the records of the second respondent herein pertaining to his proceedings in RFL/Harur/278/2022 dated 28.11.2022 and quash the same and further direct the respondent herein to register the settlement deed 28.11.2022 and return the same to the petitioner. For Petitioner : Mr.M.Selvam For Respondents : Mr.E.Vijay Anand Additional Government Pleader 1/5

O R D E R

Writ Petition has been filed seeking for issuance of a Writ of Certiorarified Mandamus to quash the proceedings of the second respondent vide refusal check slip in RFL/Harur/278/2022 dated 28.11.2022 and further direct the respondent herein to register the settlement deed 28.11.2022 and return the same to the petitioner.

2. The case of the petitioner is that she is the owner of certain extent of land in S.Nos.7/1A and 7/1B situated in Mondukkuli Village, Mondukkuli Taluk, Dharmapuri and the petitioner decided to settle the aforesaid properties in favour of her son and executed a settlement deed dated 28.11.2022. When the petitioner presented the said settlement deed before the second respondent for registration, the same was refused to be registered vide refusal check slip dated 28.11.2022 on the ground that the original parent document was not presented for registration. Challenging the said refusal check slip dated 28.11.2022, the present writ petition has been filed seeking the aforesaid relief.

3. Learned counsel for the petitioner submits that though the petitioner presented the settlement deed for registration before the second 2/5

respondent, the same was refused to be registered vide impugned order dated 28.11.2022 on the ground that original parent document was not annexed. However, he further submits that the petitioner is ready to re-present the settlement deed annexing the certified copy of the parent document and the second respondent may be directed to entertain the same and pass appropriate orders within the time frame that may be stipulated by this Court.

4. The learned Additional Government Pleader appearing for the respondents submitted that if the petitioner is ready and willing to produce the certified copy of the parent document substantiating her title, the document presented by her will be entertained and appropriate orders will be passed.

5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6. In view of the stand taken by the learned Additional Government Pleader appearing for the respondents, this Court without interfering with the order impugned, permits the petitioner to re-present the settlement deed for registration annexing the certified copy of the parent document before the 3/5

second respondent and if such document is represented the second respondent is directed to consider the same and pass appropriate orders within the period of twelve weeks from the date of receipt of a copy of this order.

7. With the above observation and direction, this writ petition is disposed of. No costs.

02.12.2022 2/2 Speaking Order : Yes/No Index : Yes/No RAP To

1. The District Registrar, Dharmapuri District, Dharmapuri.

2. The Sub-Registrar, Harur Sub-Registrar, Harur, Dhrumapuri.

M.DHANDAPANI,J 4/5

RAP 02.12.2022 2/2 5/5