Obeath Selwin v. The Sub-Registrar

In the High Court of Judicature at Madras Dated : 21.12.2024 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.39067 of 2024 & WMP.No.42320 of 2024 Mr.Obeath Selwin

...Petitioner

Vs The Sub-Registrar, Office of the Sub-Registrar, Periyanaickenpalayam, Coimbatore 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 relating to the order passed by the respondent in Refusal Number RFL/Periyanaickenpalayam/184/2024 (Refusal Check Slip) dated 16.12.2024, quash the same as illegal and consequently direct the respondent to register the sale deed situated in Plot No.14 in Ka.Sa.No.323/B2, Periyanaickenpalayam, Coimbatore North, Coimbatore District.

For Petitioner :

Mr.M.Dinesh For Respondent :

Mr.B.Vijay, AGP 1/5

2/5

ORDER

Challenging the check slip issued by the respondent dated 16.12.2024 refusing to register the sale deed presented by the petitioner on the ground that no parent document was furnished, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader accepting notice for the 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 parent document does not come within the powers conferred on them. The parent document, which the respondent demands production, is a document, which has been registered in the office of the respondent. The veracity of the parent document can be verified by perusing the details available in the office of the respondent. Even on this ground, the demand for production of the parent document is without any basis.

4. Accordingly, the writ petition is allowed, the impugned refusal check slip is set aside and the respondent is directed to register the 3/5

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.

21.12.2024 To The Sub-Registrar, Office of the Sub-Registrar, Periyanaickenpalayam, Coimbatore District. RS 4/5

P.T.ASHA,J RS WP.No.39067 of 2024& WMP.No.42320 of 2024 21.12.2024 5/5