Vijaya v. The Sub Registrar

In the High Court of Judicature at Madras Dated : 19.12.2024 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.38129 of 2024 Vijaya

...Petitioner

Vs 1.The Sub-Registrar, Pennadam, Thittakudi Taluk, Cuddalore District.

2.Alamelu

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records on the file of the first respondent in his proceedings refusal check slip No.RFL/Pennadam/146/2024 dated 26.11.2024, quash the same as illegal and null and void and consequently direct the first respondent to register the sale deed presented by the petitioner in pending document No.TP/201964458/2024 dated 26.11.2024. For Petitioner :

Mr.S.Venkatesh For R1 :

Mr.C.Sathish, GA 1/5

2/5

ORDER

Challenging the check slip issued by the first respondent dated 26.11.2024 refusing to register the sale deed presented by her and to issue a consequential direction to the first 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 first 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 original parent document does not come within the powers conferred on them. The original parent document, which the first respondent demands production, is a document, which has been registered in the office of the first respondent. The veracity of the original parent document can be verified by perusing the details available in the office of the first respondent. Even on this ground, the demand for production of the original parent document is without any basis. 3/5

4. Accordingly, the writ petition is allowed, the impugned refusal check slip is set aside and the first 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. 19.12.2024 To The Sub-Registrar, Pennadam, Thittakudi Taluk, Cuddalore District.

RS 4/5

P.T.ASHA,J RS 19.12.2024 5/5