Madras High CourtWP(MD)/7251/2025allowed

Muthukani v. The Sub Registrar

2025-03-19Honourable Mr Justice V. Lakshminarayanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2025

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN and W.M.P(MD).No.5470 of 2025 Muthukani ... Petitioner vs.

The Sub Registrar, Thisyanvillai, Tirunelveli District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the impugned refusal check slip under Refusal No.RFL/Thisaiyanvilai/8/2025 passed by the respondent dated 03.02.2025 and to quash the same as illegal and further to direct the respondent to register the settlement deed dated 03.02.2025 executed by the petitioner relating to the property under S.No.48/4 measuring 0.40.50 hector 1 acre situated at Mudhumothanmozhi Village, Mudhumothanmozhi Panchayat, Thisyanvillai Taluk, Thisyanvillai SubDivision, Palyamkottai Registration District, Tirunelveli District. 1/4

For Petitioner : Mr.V.Vijayendiran For Respondent : Mr.N.Ramesh Arumugam Government Advocate

O R D E R

The petitioner presented a document for registration, which was refused to be registered vide impugned check slip. The said impugned order has been passed on the ground that since the petitioner has not produced the original parent document or Non-Traceable Certificate thereof.

2. In P.Pappu Vs., The Sub-Registrar, Rasipuram, 2024 5 CTC 575, this Court has held that there is no necessity to produce the original of the parent document at the time of registration. The view take by this Court in Pappu's case has been confirmed by the Supreme Court of India in an appeal preferred by the State. The said SLP in Special Leave to Appeal (c) No.(s)2344/25, was dismissed on 03.02.2025.

3. In view of the above, the impugned refusal check slip issued by the respondent in No.RFL/Thisaiyanvilai/8/2025, dated 03.02.2025, 2/4

cannot be sustained. Hence, the same is quashed. There shall be a direction to the respondent to register the document presented by the petitioner within a period of two (2) weeks from the date of uploading of this order.

4. In result, this Writ Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

5. Post the matter after three weeks 'for reporting compliance'. Index :Yes / No 19.03.2025 NCC :Yes / No Rmk To The Sub Registrar, Thisyanvillai, Tirunelveli District.

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V. LAKSHMINARAYANAN, J.

Rmk 19.03.2025 4/4