C.Sivakumar v. The Joint Sub Registrar-I

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

The Honourable Ms.Justice P.T.ASHA Writ Petition No.40003 of 2024 & WMP.No.43296 of 2024 C.Sivakumar

...Petitioner

Vs The Joint Sub-Registrar-1, Gobichettipalayam.

...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 of the respondent's refusal slip in RFL/1, Joint Sub-Registrar-1, Gobichettipalayam/16/2024 dated 02.12.2024, quash the same and consequently direct the respondent to register the document dated 02.12.2024 with respect to the property situate at T.S.No.124, Block No.26, Ward B, Veerapandi Village, Gobichettipalayam Municipality, Erode bearing door No.47, Karumaiya Street measuring 3,496 sq.ft. For Petitioner :

Mr.M.R.Dhalapathy Vignesh Kumar For Respondent :

Mr.M.Shahjahan, SGP

ORDER

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Challenging the check slip issued by the respondent dated 02.12.2024 refusing to register the sale deed presented by the petitioner on the ground that the original parent document was not produced and to issue a consequential direction to the respondent to register the same, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for the respondent.

3. The case of the petitioner is that the petitioner intended to purchase a property measuring 3,496 sq.ft. at T.S.No.124, Block No.26, Ward B, bearing door No.47, Karumaiya Street, Veerapandi Village, Gobichettipalayam Municipality, Erode for a valid sale consideration from one Mrs.Tamilarasi. When the sale deed dated 02.12.2024 was presented for registration, the respondent refused to register the same for non production of 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 this Court, the insistence of production of the parent document does 2/4

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.

5. Accordingly, the writ petition is allowed, the impugned refusal check slip is set aside and the 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. Consequently, the connected WMP is closed.

07.1.2025 To The Joint Sub-Registrar-1, Gobichettipalayam.

RS 3/4

P.T.ASHA,J RS WP.No.40003 of 2024& WMP.No.43296 of 2024 07.1.2025 4/4