A.B.Moorthy v. The Sub Registrar

In the High Court of Judicature at Madras Dated : 20.11.2024 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.34170 of 2024 A.B.Moorthy

...Petitioner

Vs The Sub-Registrar, Kalasapakkam SRO, Kalasapakkam, Tiruvannamalai District.

...Respondent

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for records pertaining to Refusal Check Slip bearing Refusal Number RFL/ Kalasappakkam/83/2024 dated 28.10.2024, quash the same and direct the respondent herein to register the sale deed without insisting upon production of the original previous documents within a time line fixed by this Court.

For Petitioner :

Mr.B.M.Subash For Respondent :

Mr.M.Shahjahan, SGP

ORDER

Challenging the refusal check slip issued by the respondent dated 28.10.2024 refusing to register the sale deed presented by the petitioner on the ground that the previous original document has not 1/3

been furnished for verification, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for the respondent.

3. This Court has, time and again, issued instructions to the Registering Authorities to act within the confines of the powers conferred under the Indian Registration Act. In the considered view of this Court, the insistence of production of the previous original document does not come within the powers conferred on them.

4. Accordingly, the writ petition is allowed, the impugned refusal check slip is set aside and the respondent is directed to register the sale deed presented by the petitioner within a period of two weeks from the date of receipt of a copy of this order. No costs. 20.11.2024 To The Sub-Registrar, Kalasapakkam SRO, Kalasapakkam, Tiruvannamalai District.

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P.T.ASHA,J RS 20.11.2024 3/3