Maideen v. The Sub-Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 36637 of 2024 Maideen

...Petitioner

Vs.

The Sub Registrar Sub-Registrar Office, Karimangalam, Dharmapuri District.

...Respondent

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent herein pertaining to his refusal check slip in RFl/Karimangalam/279/2024 dated 08.11.2024 and quash the same consequently direct the respondent to register the sale deed dated 24.07.1991 and return the same to the petitioner after registration 1/5

For Petitioner :

Mr. M.Selvam For Respondents :

Mr. B.Vijay Additional Government Pleader.

O R D E R

The petitioner is before this Court as he is aggrieved by the refusal check slip issued by the respondent. The respondent has refused to register the document stating that the original document has not been submitted.

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

3. 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 the any of the grounds given in Section 22 - A of the Act. Therefore, the impugned order is not sustainable. The respondent is duty bound to register the document. 2/5

4. Accordingly, the Writ Petition is allowed. The impugned order dated 08.11.2024 is quashed. The respondent is directed to register the document, within a period of 2 weeks, from the date of its re-presentation. No costs.

03.12.2024 Index : Yes/No Internet : Yes/No kan To 3/5

The Sub Registrar Sub-Registrar Office, Karimangalam, Dharmapuri District.

P.T. ASHA, J, kan 4/5

W.P.No. 36637 of 2024 03.12.2024 5/5