M.Kalaiselvi v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA W.M.P.No.42833 of 2024 M.Kalaiselvi

...Petitioner

Vs The Sub-Registrar, Office of the Sub-Registrar, Acharapakkam, Chengalpattu District.

...Respondent

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned refusal check slip dated 16.12.2024 made in RFL/Acharapakkam/329/2024 issued by the respondent and quash the same and consequently direct the respondent to register the settlement deed document presented by petitioner without insisting the production of original parent document within the time fixed by this Court.

For Petitioner : Mr.D.Bennington For Respondent : Mr.C.Sathish Government Advocate 1/4

ORDER

Challenging the refusal check slip issued by the respondent against the registration of a settlement deed dated 16.12.2024, 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 respondent.

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 RFL/Acharapakkam/329/2024 dated 16.12.2024 issued by the respondent is quashed. The respondent is directed to register the settlement deed dated 16.12.2024 within a period of 2 weeks, from the date of its representation by the petitioner. No costs. Consequently, connected miscellaneous petition is closed. 02.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep To The Sub-Registrar, Office of the Sub-Registrar, Acharapakkam, Chengalpattu District.

3/4

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