Ponnathal v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 38755 of 2024 & W.M.P.No. 41964 of 2024 Ponnathal

...Petitioner

Vs.

The Sub Registrar Office of Sub Registrar, Chennimalai, Erode District

...Respondent

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order/ refusal check slip dated 02.12.2024 made in RFL / Chennimalai / 67/ 2024 issued by the respondent and quash the same and consequently direct the respondent to register the settlement deed document dated 02.12.2024 presented by the petitioner without insisting the production of original parent document. 1/5

For Petitioner :

Mr. R.Nalliyappan For Respondent :

Mrs. C.Meera Arumugam Additional Government Pleader.

O R D E R

The Writ Petition is filed to direct the respondent to register the document presented by the petitioner for registration without insisting on the production of the original parental document.

2. The petitioner would submit that she is the absolute owner of the subject property. The petitioner decided to settle the property in favour of her daughter, Thangamani and accordingly, presented the settlement deed for registration before the respondent. However, the respondent refused to register the same and insisted upon the production of the original parent document.

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3. In the light of the Judgements passed by this Court in P.Pappu Vs. The Sub Registrar and Ramayee - Vs - The Sub Registrar and others, the refusal cannot be sustained.

4. The Writ Petition is allowed. The impugned refusal check slip is quashed. The respondent is directed to register the document, within a period of 2 weeks from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition is closed. No costs.

03.01.2025 Index : Yes/No Internet : Yes/No kan To 3/5

The Sub Registrar Office of Sub Registrar, Chennimalai, Erode District P.T. ASHA, J, 4/5

kan W.P.No. 38755 of 2024 03.01.2025 5/5