Padma v. The Joint Sub Registrar No-1,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Padma

...Petitioner

Vs The Joint Sub-Registrar No-1, Sub-Registrar Office, South Coimbatore, Coimbatore District

...Respondent

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent herein pertaining to his refusal check slip in RFL/1 Joint sub registrar south Coimbatore/240/2024 dated 09.12.2024 and quash the same consequential direct the respondent register the sale deed dated 14.12.2024 and return the same to the petitioner after registration.

For Petitioner : Mr.M.Selvam For Respondent : Mr.B.Vijay, Additional Government Pleader 1/4

ORDER

Challenging the refusal check slip issued by the respondent against the registration of a sale deed dated 09.12.2024, the petitioner is before this Court.

2. The respondent had refused to register the said document on the ground that the 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 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. 2/4

5. Accordingly, the Writ Petition is allowed. The impugned refusal check slip in in RFL/1 Joint sub registrar south Coimbatore/240/2024 dated 09.12.2024 issued by the respondent is quashed. The respondent is directed to register the sale deed dated 09.12.2024, 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 Joint Sub-Registrar No-1, Sub-Registrar Office, South Coimbatore, Coimbatore District 3/4

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