Esther Leela v. The Inspector General Of Registration

In the High Court of Judicature at Madras Dated : 27.11.2024 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.35110 of 2024 & WMP.No.38040 of 2024 1.Esther Leela 2.Lydia Ebenezer 3.Evangeline Shalomi E.

...Petitioners

Vs 1.The Inspector General of Registration, Office of the Inspector General of Registration, Santhome, Chennai-4.

2.The Sub-Registrar, Sriperumbudur Sub-Registrar Office, Sriperumbudur-602105.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for records relating to the order/check slip in RFL/Sriperumbudur/30/2024 dated 29.10.2024 issued by the second respondent, quash the same and direct the second respondent to register the settlement deed dated 29.10.2024 presented for registration by the petitioners and return the document to the petitioners after completing all the formalities of registration.

For Petitioners :

Mr.Ralph V.Manohar For Respondents :

Mr.M.Shahjahan, SGP 1/3

ORDER

Challenging the refusal check slip issued by the second respondent dated 29.10.2024 refusing to register the settlement deed presented by them on the ground that the previous document has not been furnished, the petitioners are before this Court.

2. Heard the learned counsel for the petitioners and the learned Special Government Pleader accepting notice for the respondents.

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 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 second respondent is directed to register the settlement deed presented by the petitioners within a period of two weeks from the date of receipt of its representation. No costs. Consequently, the connected WMP is closed. 27.11.2024 2/3

P.T.ASHA,J RS To 1.The Inspector General of Registration, Office of the Inspector General of Registration, Santhome, Chennai-4.

2.The Sub-Registrar, Sriperumbudur Sub-Registrar Office, Sriperumbudur-602105.

WP.No.35110 of 2024& WMP.No.38040 of 2024 27.11.2024 3/3