Gowri v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and W.M.P.No.38566 of 2024 1.Gowri 2.S. Goutham 3.S.Manoj ... Petitioners Vs.

The Sub Registrar Office Of The Sub Registrar, Sathyamangalam, Gobichettipalaya Registration District.

...Respondent

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, Calling for the records of the Respondent relating to Refusal check slip No RFL / 106 / 2024 / Sathyamangalam dated 09.11.2024 and quash the same as illegal and consequently direct the respondent to register the Partition Deed presented by the petitioners for registration without insisting for the production of original parent document.

For Petitioner : M/sV.Karthikeyan For Respondents : M/s.M.Shahjahan, Spl.GP.

for sole respondent.

O R D E R

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Challenging the refusal check slip issued by the respondent against the registration of a partition deed dated 09.11.2024 presented by them, the petitioners are before this Court.

2. The respondent had refused to register the said document on the ground that the parent documents were not produced at the time of registration.

3. Heard the learned counsels on the either side and perused the records.

4. Section 22- A of the Registration Act, which is inserted by the Tamil Nadu Act 48 of 1997, sets out the grounds under which the Sub Registrar could refuse the registration. The reason that is given in the impugned order does not come within any of the grounds given in Section 22-A of the Registration Act. Therefore, the impugned order is not sustainable. The respondent is duty bound to register the document.

5. Accordingly, the Writ Petition is allowed. The impugned order dated 09.11.2024 is quashed. The respondent is directed to register the partition deed dated 09.11.2024, within a period of 2 weeks, from the date 2/4

of its representation by the petitioners. No costs. Consequently, the connected Miscellaneous Petition is closed.

25.11.2024 (shr) Index : Yes/No Speaking Order: Yes/No To The Sub Registrar Office Of The Sub Registrar, Sathyamangalam, Gobichettipalaya Registration District P.T. ASHA . J., 3/4

(shr) and W.M.P.No.38566 of 2024 25.11.2024 4/4