V.Ajith v. The Sub Registrar

In the High Court of Judicature at Madras Dated : 06.1.2025 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.39605 of 2024 & WMP.No.42881 of 2024 V.Ajith

...Petitioner

Vs The Sub-Registrar, Office of the Sub-Registrar, Gudiyatham, Vellore 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 pertaining to the impugned order passed by the respondent in Refusal Check Slip RFL/Gudiyatham/52/2024 dated 25.11.2024 thereby refusing to register the document, quash the same as illegal, incompetent and without jurisdiction and further direct the respondent to register the sale deed dated 19.11.2024 presented by the petitioner within a time frame as may be fixed by this Court. For Petitioner :

Mr.S.Arivazhagan For Respondent :

Mr.P.Harish, GA

ORDER

Challenging the check slip dated 25.11.2024 issued by the respondent refusing to register the sale deed dated 19.11.2024 1/4

presented by the petitioner and to issue a consequential direction to the respondent to register the same, 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. The case of the petitioner is that the petitioner purchased the nanja and punja lands in survey Nos.162/1, 156/1, 156/3, 158/2, 159/1 and 159/3 totally measuring Hectare 2.97 Ares situated at Melmuttukoore Village, Gudiyatham Taluk, Vellore District from one Mrs.Gowsalya and one Mr.S.Sudharshanam for a valid sale consideration. When the sale deed dated 19.11.2024 was presented for registration, the respondent refused to register the same on the ground that that the previous original document has not been furnished for verification. Hence the writ petition.

4. 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. 2/4

5. Accordingly, the writ petition is allowed, the impugned refusal check slip is set aside and the respondent is directed to register the sale deed presented by the petitioner within a period of two weeks from the date of its representation. No costs. Consequently, the connected WMP is closed.

06.1.2025 Index : Yes (or) No To The Sub-Registrar, Office of the Sub-Registrar, Gudiyatham, Vellore District.

RS 3/4

P.T.ASHA,J RS WP.No.39605 of 2024& WMP.No.42881 of 2024 06.1.2025 4/4