Dakshinamoorthi v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 15.11.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA Dakshinamoorthi ....
Petitioner Vs 1.The Inspector General of Registration, Office of the Inspector General of Registration, Santhome High Road, Mylapore, Chennai-600 004.
2.The District Registrar, District Registration Department, Gobichettipalayam, Erode District-638 452.
3.Joint Sub Registrar No.I, Office of District Registration Department, Gobichettipalayam, Erode District-638 452.
....
Respondents Prayer: Writ Petition is filed under Article 226 to issue a Writ of Certiorarified Mandamus calling for the records of the third respondents Refusal slip No. RFL/1 No Joint Sub Registrar Gobichettipalayam/7/2024 dated 04.09.2024 and quash the same and 1/4
consequently direct the third respondent to register the settlement deed filed by the petitioner without insisting for production of original document.
For Petitioner :
Mr.J.Ranjith Kumar For Respondents :
Mr.M.Shajahan Special Government Pleader
ORDER
Challenging the Refusal Check Slip No. RFL/1 No Joint Sub Registrar Gobichettipalayam/7/2024 dated 04.09.2024 issued by the third respondent seeking to quash the same, the petitioner is before this Court.
2. The refusal was on the ground that the parent documents had not been produced. However, as held by this Court, the Registering Authority cannot insist upon the production of parent documents for registration, as the authority has no statutory power to demand such documents from the petitioner. The Registering Authorities duty is only to verify the execution of the deed and the identity of the person executing the same. The reasons for which the documents can be rejected has been set out in Section 2/4
22A of the Registration Act and the reasons for rejection does not fall under any of these categories.
3. Therefore, the impugned order has to be set aside and a direction issued to the third respondent to register the 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 Index : Yes/No Internet : Yes/No Lpp To 1.The Inspector General of Registration, Office of the Inspector General of Registration, Santhome High Road, Mylapore, Chennai-600 004.
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P.T.ASHA, J, Lpp 2.The District Registrar, District Registration Department, Gobichettipalayam, Erode District-638 452.
3.Joint Sub Registrar No.I, Office of District Registration Department, Gobichettipalayam, Erode District-638 452.
W.P.No. 34177 of 2024 15.11.2024 4/4