Dheivanai v. The Sub - Registrar,

In the High Court of Judicature at Madras Dated : 02.12.2024 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.36546 of 2024 Dheivanai

...Petitioner

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

...Respondent

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of the respondent herein pertaining to his refusal check slip in RFL/Karimangalam/278/2024 dated 08.11.2024, quash the same and consequentially direct the respondent herein to register the sale deed and return the same to the petitioner after registration. For Petitioner :

Mr.M.Selvam For Respondent :

Mr.C.Sathish, GA

ORDER

Challenging the check slip issued by the respondent dated 08.11.2024 refusing to register the settlement deed presented by the 1/4

petitioner on the ground that the previous original document has not been furnished for verification and for a consequential direction to the respondent to register the said settlement deed, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Government Advocate 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. The previous original document, which the respondent demands production, is a document, which has been registered in the office of the respondent. The veracity of the previous original document can be verified by perusing the details available in the office of the respondent. Even on this ground, the demand for production of the previous original document is without any basis.

4. Accordingly, the writ petition is allowed, the impugned refusal check slip is set aside and the respondent is directed to 2/4

register the settlement deed presented by the petitioner within a period of two weeks from the date of its representation. No costs. 02.12.2024 To The Sub-Registrar, Sub-Registrar Office, Karimangalam, Dharmapuri District.

RS 3/4

P.T.ASHA,J RS 02.12.2024 4/4