Madras High CourtWP(MD)/2424/2025disposed of

Saranya v. The Sub Registrar

2025-01-28Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Saranya ... Petitioner /Vs./ The Sub Registrar Sub Registrar Office, Mathakupatti, Sivagangai District.

... Respondent P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to register a sale document of the petitioner vide Temporary Acknowledgement No. TP/207462940/2025 dated 24.01.2025 within a time stipulated by this Court.

For Petitioner : Mr.M.Paramasivam For Respondent : Mr.S.P.Maharajan Special Government Pleader

ORDER

The Writ Petition has been filed for a direction, directing the respondent to register the sale deed which is presented for registration by the petitioner dated 24.01.2025.

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2. Heard the learned counsel on either side and perused the materials placed before this Court.

3.The petitioner's husband owned land comprised in S.No.139/7, to an extent of 3 Acres, S.No.139/3, to an extent of 16 cents, S.No.139/4, to an extent of 11 Cents, S.No.139/5A, to an extent of 28 Cents and S.No. 139/5B, to an extent of 32 Cents, situated at Mankattendal Revenue Village, Sivagangai Taluk, Sivagangai District. Thereafter, her husband had executed power of attorney in favour of the petitioner to deal with the subject property and went to Abroad. Now, the petitioner decided to sell the subject property. However, the registering authority insisted the petitioner to produce original document.

4. This Court repeatedly held that the Registering Authority cannot insist for original parent document to register any deed of conveyance, in respect of the subject property, while production of certified copy of the same.

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5. In view of the above, the petitioner is directed to present the sale deed for registration in respect of the subject property along with the certified copy of the parent document and on receipt of the same, the respondent is directed to register and release the same, if it is otherwise in order.

6. With the above direction, this Writ Petition stands disposed of. Index : Yes / No 28.01.2025 NCC : Yes / No LS TO:- The Sub Registrar Sub Registrar Office, Mathakupatti, Sivagangai District.

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G.K.ILANTHIRAIYAN , J.

LS Order made in Dated:

28.01.2025 4/4