L. Lillitheras v. The Sub Registrar

[BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN L.Lillitheras ... Petitioner /Vs./ The Sub Registrar The Sub Registrar's Office at Aranthangi ... Respondent P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent herein to register the Sale Deed in respect of the property Viz., Two House Site plots(i) Plot No.54 comprised in Survey No.94/2 (ii) Plot No.55 comprised in Survey No.94/3 measuring total extent of 2400 Square Feet (223 Sq.Meter) situated at Mookkudi Village, Aranthangi Taluk, Pudukkottai District, lying under the limits of Mookkudi Panchayat and situated within the sub-Registration District of Aranthangi and Registration District of Pudukottai District presented by the petitioner in favour of C.Malaikannan without insisting for the production of original parental document -Sale Deed dated 09.07.2012 vide Document No.2512/2012 in the light of the Order of the Division Bench of the Hon'ble Court of Madras within the period stipulated by this Hon'ble Court. 1/4

For Petitioner : M/s.D.Saranya For Respondent : Mr.M.Sarangan Additional Government Pleader

ORDER

This writ petition has been filed for a direction directing the respondent herein to register the Sale Deed in respect of the property Viz., Two House Site plots(i) Plot No.54 comprised in Survey No.94/2 (ii) Plot No.55 comprised in Survey No.94/3 measuring total extent of 2400 Square Feet (223 Sq.Meter) situated at Mookkudi Village, Aranthangi Taluk, Pudukkottai District.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. It is seen that when the petitioner presented the sale deed for registration, the respondent insisted the petitioner to produce the original parent document.

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4. This Court repeatedly held that the registering authority cannot insist the parties to produce the original parent document, if produce the certified copy of the same.

5. In view of the above, the petitioner is directed to present the deed of conveyance for registration and on receipt of the same, the respondent without insisting the original parent document register the sale deed and release the document, if it is otherwise in order.

6. With the above direction, the writ petition is disposed of. No costs.

30.01.2025 Index : Yes / No NCC : Yes / No am 3/4

G.K.ILANTHIRAIYAN , J.

am TO:- The Sub Registrar The Sub Registrar's Office at Aranthangi Order made in Dated:

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