Viji v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2025

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN W.P.(MD) No.8343 of 2025 Viji ... Petitioner vs.

The Sub Registrar, Parkitmanagaram, Palayamkottai, Tirunelveli District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent herein to register the document to be presented by the petitioner without insisting the original registered sale deed bearing document number 354 of 2014 dated 19.05.2014 on the file of the respondent in respect of the Plot Number 97 in measuring to an extent of 2607 Sq.Ft comprised in survey numbers 83/1B and 83/2 situated in N.S.R. Nagar Palayamchettikulam Village, Palayamkottai Taluk, Tirunelveli District, within a time frame fixed by this Court.

For Petitioner :Mr.R.J.Karthick For Respondent :Mr.R.Suresh Kumar Additional Government Pleader 1/4

ORDER

This writ petition has been filed for the issuance of a Mandamus directing the respondent to register the document to be presented by the petitioner without insisting the original registered sale deed bearing Doc.No.354 of 2014 dated 19.05.2014 on the file of the respondent in respect of Plot Number 97 comprised in S.Nos.83/1B and 83/2 situated in N.S.R. Nagar, Palayamchettikulam Village, Palayamkottai Taluk, Tirunelveli District.

2.The petitioner states that the property situated in S.Nos.83/1B and 83/2 of Palayamchettikulam Village, Palayamkottai Taluk, Tirunelveli District was purchased by her on 19.05.2014. She is proposing to settle this property in favour of her daughter, Esakki Kani. As she is not having the original of the title deed, she attempted to present the document for registration along with the certified copy of the same. The respondent had informed her that he will not receive the document without the same being accompanied by the original document. Hence, this writ petition.

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3.When the matter came up for admission, Mr.R.Suresh Kumar, learned Additional Government Pleader, stated that till date, the petitioner has not presented the document and therefore, there is no cause of action for the writ petition. He adds that if the settlement deed is presented with the certified copy of the parent deed, the Registrar will entertain the document and register the same, if it is otherwise in order. 4.The statement of Mr.R.Suresh Kumar is recorded. 5.Writ Petition is ordered, accordingly. If the petitioner presents the settlement deed in favour of her daughter, the respondent shall not insist upon production of the original document. No costs. Index :Yes / No 26.03.2025 Internet :Yes / No NCC :Yes / No mm To The Sub Registrar, Parkitmanagaram, Palayamkottai, Tirunelveli District.

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V. LAKSHMINARAYANAN, J.

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