G.Gurusamy v. Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.2605 of 2025

1. G.Gurusamy

2. G.Balakumar ..Petitioners Vs.

1. Inspector General of Registration, Registration Department of Tamil Nadu, Santhome High Road, Mylapore, Chennai - 600 004.

2. The Sub-Registrar, Royapuram Sub-Registrar's office, Thiruvottiyur High Road, Old Washermenpet, Chennai 600 021

3. The Manager, ICICI Bank, Sowcarpet Branch, No.84, NSC Bose Road, Chennai - 600 079 ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for 1/5

issuance of a Writ of Mandamus directing the second respondent herein to register the settlement deed dated 09.08.2024 executed by the petitioners G.Gurusamy and G.Balakumar in favour of G.Saravana Kumar within a stipulated period without insisting to produce the original document No.289/1978 and Document No.1848/2011.

For Petitioner : Mr.R.Karunakaran For Respondents : Mr.B.Vijay Additional Government Pleader for R1 and R2

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the 2nd respondent to receive and register the settlement deed dated 09.08.2024 executed by the petitioners in favour of G.Saravana Kumar, who is the son of the 1st petitioner and the brother of the 2nd petitioner without insisting for the production of original title documents. 2.

Heard Mr.R.Karunakaran, learned counsel for the petitioner and Mr.B.Vijay, learned Additional Government Pleader for respondents 1 and 2. 3.

The learned counsel for petitioner submitted that the 2nd respondent 2/5

is not even receiving the document for registration and is insisting for production of the original title document.

4.

Mr.B.Vijay, learned Special Government Pleader submitted that the document has not even been presented through on-line mode and even before that the petitioner has chosen to approach this Court. The learned Special Government Pleader further submitted that the petitioners have given the reason as to why the original document cannot be produced before the Registrar at Paragraph No. 4 of the affidavit and this reason can be mentioned in the document itself, so that it will be more easier for the 5th respondent to deal with the document without insisting for the original title document. 4.

Taking into consideration the facts and circumstances of the case and the submissions made on either side, there shall be a direction to the petitioners to submit the settlement deed for registration through on-line mode by following the proper procedure and in the settlement deed itself there shall be a recital as to why the original title document is not able to be produced at the time of registration. That apart, sworn affidavit shall also be filed along with 3/5

the document stating the same reason and on receipt of the same, the 2nd respondent shall register the document, if it is otherwise in order. 5.

This writ petition is disposed of in the above terms. No costs. 04.02.2025 Internet : Yes/No Index : Yes/No Speaking Order / Non Speaking Order rka 4/5

N. ANAND VENKATESH, J.

rka To

1. Inspector General of Registration, Registration Department of Tamil Nadu, Santhome High Road, Mylapore, Chennai - 600 004.

2. The Sub-Registrar, Royapuram Sub-Registrar's office, Thiruvottiyur High Road, Old Washermenpet, Chennai 600 021

3. The Manager, ICICI Bank, Sowcarpet Branch, No.84, NSC Bose Road, Chennai - 600 079 WP No.2605 of 2025 04.02.2025 5/5