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Madras High CourtWP/38516/2024allowed

E.Nagammal v. The Sub Registrar Kundrathur

2025-01-02Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA E.Nagammal

...Petitioner

Vs 1.The Sub-Registrar, Kundrathur, Manickam Salai, Kundrathur, Chennai - 600 069.

2.E.Ramesh 3.Dharani 4.J.Balasubramaniam 5.M.Thangam 6.M.Prakash 7.Purushoth

...Respondents

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings dated 18.11.2024 in Check Slip No.96 of 2024 on the file of the first respondent and quash the same 1/4

and consequently direct the first respondent to register the release deed presented by the petitioner within a time frame as may be fixed by this Court.

For Petitioner : Mr.P.Raja For Respondents : Mr.B.Vijay, For R1 Additional Public Prosecutor

ORDER

Challenging the refusal check slip issued by the first respondent against the registration of a release deed dated 18.11.2024, the petitioner is before this Court.

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

3. Heard the learned counsels on the either side and perused the records. The learned Government Advocate takes notice on behalf of respondents.

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 2/4

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 refusal check slip No.96 of 2024 dated 18.11.2024 issued by the first respondent is quashed. The first respondent is directed to register the release deed dated 18.11.2024, within a period of 2 weeks, from the date of its representation by the petitioner. No costs. 02.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep To The Sub-Registrar, Kundrathur, Manickam Salai, Kundrathur, Chennai - 600 069.

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P.T.ASHA , J, ep 02.01.2025 4/4