Ramesh R Bhatt v. The District Registrar

In the High Court of Judicature at Madras Dated : 07.1.2025 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.19 of 2025 Ramesh R.Bhatt

...Petitioner

Vs 1.The District Registrar, District Registrar Office, Tiruvallur District.

2.The Sub-Registrar, Office of the Sub-Registrar, Poonamallee, Tiruvallur District-600058.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to register the sale deed presented by the petitioner without insisting for the original of the sale deed dated 04.6.2007 registered as doc.No.2728/2007, SRO, Poonamallee within a stipulated time.

For Petitioner :

Mr.A.Arun Kumar For Respondents :

Mr.C.Sathish, GA

ORDER

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Seeking a direction to the second respondent not to insist for production of the original parent document, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Government Advocate accepting notice for the respondents.

3. The case of the petitioner is that he purchased the property measuring 1,808 sq.ft at S.No.271/40, Field No.104, Parivakkam Village, Poonamallee Taluk, Tiruvallur District vide sale deed dated 04.6.2007 registered as doc.No.2728 of 2007 on the file of the second respondent from one Mr.S.A.Azeez for a valid sale consideration. During Covid-19 pandemic, the said sale deed was lost and the vendor of the petitioner also died on 15.7.2020. Now, the son of the vendor of the petitioner wants to buy back the said property. For such purpose, when the sale deed dated 05.12.2024 executed was presented for registration, the second respondent insisted upon production of the original parent document. 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 2/4

this Court, the insistence of production of the original parent document does not come within the powers conferred on them. The parent document, which the second respondent demands production, is a document, which has been registered in the office of the second respondent. The veracity of the same can be verified by perusing the details available in the office of the second respondent. Even on this ground, the demand for production of the original parent document is without any basis.

5. Accordingly, the writ petition is allowed and the second 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.

07.1.2025 To 1.The District Registrar, District Registrar Office, Tiruvallur District.

2.The Sub-Registrar, Office of the Sub-Registrar, Poonamallee, Tiruvallur District-600058.

RS 3/4

P.T.ASHA,J RS WP.No.19 of 2025 07.1.2025 4/4