Prabhakaran v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2025

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN Prabhakaran .. Petitioner Vs.

The Sub Registrar, O/o the Sub Registrar Office, Thiruvaiyaru, Thiruvaiyaru Taluk, Thanjavur District.

.. Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari, calling for the records pertaining of the original Refusal check slip passed by the respondent vide his proceedings in RFL/Thiruvaiyaru/7/2025 dated 23.01.2025 and quash the same as illegal and directing the respondent to register the settlement deed in favour of the petitioner without original mother document numbers 1960/1960, 495/1964, 990/1966, 412/1981 and 101/1993.

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

ORDER

This Writ Petition is filed challenging the original Refusal check slip passed by the respondent vide his proceedings in RFL/Thiruvaiyaru/7/2025

dated 23.01.2025 and consequently, to direct the respondent to register the settlement deed in favour of the petitioner without original mother document numbers 1960/1960, 495/1964, 990/1966, 412/1981 and 101/1993.

2. The issue raised in this Writ Petition is covered by a judgment of the Supreme Court in K.Gopi Vs. the Sub Registrar and others, 2025 SCC Online SC 740. The Supreme Court has declared the law that the Sub Registrar cannot insist upon production of the original documents. It had further declared Rule 55-A(i) of the Tamil Nadu Registration Rules as unconstitutional. Hence, the respondent cannot insist upon the production of the original parent documents at the time of registration.

3. Respectfully following the said judgment, the impugned order is quashed. There shall be a direction to the respondent to register the document presented by the petitioner, if it is otherwise in order, within a period of two weeks from the date of receipt of a copy of this order.

4. Accordingly, the Writ Petition stands allowed. There shall be no order as to costs.

29.04.2025 NCC :

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To The Sub Registrar, O/o the Sub Registrar Office, Thiruvaiyaru, Thiruvaiyaru Taluk, Thanjavur District.

V.LAKSHMINARAYANAN,J.

Lm 29.04.2025