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Madras High CourtWP/37945/2024allowed

D.Jamunabai v. The Sub Registrar

2024-12-13Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2024

CORAM

THE HON'BLE MS.JUSTICE P.T.ASHA D.Jamunabai ... Petitioner Vs.

The Sub Registrar, Poonamallee Sub Registrar Office, Poonamallee, Chennai.

... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order made in refusal check slip dated 29.11.2024 in RFL/Poonamallee/78/2024, quash the same and consequently direct the respondent to register the settlement deed dated 29.11.2024 by verifying the certified copy of the parent document dated 16.02.2000 registered as Document No.10/2000 in the Office of the Sub Registrar Kundrathur and encumbrance certificate without insisting for original parent deed. For Petitioner : Mr.A.Thiagarajan For Respondent : Mrs.C.Meera Arumugam Additional Government Pleader Page No. 1 of 4

ORDER

Mrs.C.Meera Arumugam, learned Additional Government Pleader takes notice on behalf of the Respondent.

2. This Writ Petition has been filed for a Certiorarified Mandamus to call for the records relating to the impugned order made in refusal check slip dated 29.11.2024 in RFL/Poonamallee/78/2024, quash the same and consequently direct the respondent to register the settlement deed dated 29.11.2024 by verifying the certified copy of the parent document dated 16.02.2000 registered as Document No.10/2000 in the Office of the Sub Registrar Kundrathur and encumbrance certificate without insisting for original parent deed..

3. Heard the learned counsel on either side and perused the materials available on records.

4. A Refusal Check Slip has been issued directing the petitioner to produce the original title deeds.

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5. In the light of the Judgement passed by this Court in Ramayee - Vs - The Sub Registrar and others - (2020 (6) CTC 697), the impugned order cannot be sustained.

6. The Writ Petition is allowed. Accordingly, the Impugned Refusal Check Slip dated 29.11.2024 is set aside and the respondent is directed to register the settlement deed dated 29.11.2024, within a period of four (4) weeks from the date of receipt of a copy of this order. No costs.

13.12.2024 Index : Yes/No Speaking/Non-speaking Order rgm To The Sub Registrar, Poonamallee Sub Registrar Office, Poonamallee, Chennai.

P.T.ASHA, J.

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rgm 13.12.2024 Page No. 4 of 4