O.Zeenath Kamariaya v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA O.Zeenath Kamariya ....

Petitioner Vs The Sub Registrar, Royapuram, Chennai.

....

Respondent Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the respondent in Refusal Check Slip No.RFL/Royapuram/211/2024 dated 01.10.2024 thereby refusing to register the document and quash the same as illegal, incompetent and without jurisdiction and further direct the respondent herein to register the sale deed dated 01.10.2024 presented by the petitioner for registration without insisting for the production of original parent document.

For Petitioner : Mr.G.Murali For Respondents : Mr.M.Shahjahan Special Government Pleader

ORDER

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Challenging the refusal check slip Number : RFL/Royapuram/211/2024, dated 01.10.2024, the petitioner is before this Court seeking for issuance of Certiorarified Mandamus.

2. On perusal of the impugned order, it is seen that the refusal check slip has been issued on the ground that the original documents have not been produced. This Court has time and again directed the respondent, i.e. Registering Authority, to confine the queries to the execution of the document and the identity of the persons concerned and not to insist on the production of documents, since it is for the purchaser to be alert and to verify the documents before the purchase. In this regard, the Judgment of the Hon'ble Division Bench of this Court in the case of P.Pappu Vs. The Sub Registrar, Rasipuram SRO, Rasipuram, Namakkal in W.A.No.1160 of 2024 dated 27.09.2024 and in the case of M.Ariyanatchi and another Vs. The Inspector General of Registration, Chennai and another in W.A(MD) No.856 of 2023 dated 27.06.2023, has sets out this principal in detail.

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3. Therefore, in the light of the above, the impugned check slip is set aside and direction is issued to the first respondent to register the sale deed within a period of two weeks from the date of re-presentation by the petitioner.

4. With the above direction, this writ petition is allowed. No costs.

15.11.2024 Internet : Yes/No Index:Yes/No Speaking/Non-speaking order Lpp To The Sub Registrar, Royapuram, Chennai.

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P.T. ASHA, J, Lpp 15.11.2024 4/4