Madras High CourtWP(MD)/6950/2025allowed

M.Devaraj v. The Sub Registrar

2025-04-25Honourable Mr Justice V. Lakshminarayanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN M.Devaraj ... Petitioner Vs.

The Sub Registrar, Manachanallur, Trichy District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to register the petitioner's properties situated at Thiruvallarai Village, Manachanallur Taluk, Trichy District in sale deed, dated 31.12.2024 for Survey Nos. (1) 20/2 to the extent of 0.19 cents, (2) 20/5 to the extent of 0.16 cents, (3) 20/8 to the extent of 0.4 cents, (4) 20/10 to the extent of 0.29 cents, (5) 20/17 to the extent of 0.3 cents (6) 97/10 to the extent of 0.85 cents, (7) 98/2 to the extent of 0.31 cents, (8) 116/3 to the extent of 3.86 cents, (9) 428/3 to the extent of 0.12 cents and (10) 428/5 to the extent of 0.28 cents (Total extent 6.13 Acres) without insisting for the production of the title deeds as per the acknowledgement, dated 31.12.2024 within stipulated by this Court and pass such further or other orders as this Court.

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For Petitioner : Mr.M.R.Sreenivasan For Respondent : Mr.R.Suresh Kumar Additional Government Pleader

ORDER

The ground on which the petitioner's document has not been received for registration is that the petitioner has not produced the original title deeds. This issue is no longer res integra and has been settled by a judgment of a Division Bench of this Court in P.Pappu Vs. The Sub Registrar reported in 2024 (4) CTC 575. In fact, the view taken by the Division Bench has been tacitly approved by the Supreme Court in K.Gopi Vs. The Sub Registrar reported in 2025 SCC Online SC 740. The law declared is that the Sub Registrar cannot demand the production of the original documents at the time of registration of a subsequent document.

2. Mr.R.Suresh Kumar, on instruction, states if the petitioner presents the document for registration, it will be registered without insistence on the production of the title deeds. This statement is recorded as an undertaking given by the Sub Registrar to this Court. There shall be a Mandamus as sought for. The respondent shall register the document presented by the 2/4

petitioner without insisting on the original title deeds, if it is otherwise in order.

3. This writ petition is allowed on the above terms. There shall be no order as to costs.

25.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To The Sub Registrar, Manachanallur, Trichy District.

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V.LAKSHMINARAYANAN, J.

BTR 25.04.2025 4/4