Nirmala Devi v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Nirmala Devi ... Petitioner vs.

1. The Sub Registrar, Office of the Sub Registrar Office, Manapparai, Trichy District.

2. Chandrasekar ...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to quash the records pertaining to the impugned refusal check slip in RFL/Manapparai/124/2024 dated 26.03.2024 issued by the 1st respondent and consequently to direct the 1st respondent to register the document without insisting for the production of original parent document in Document no. 6039/2011 on the file of the 1st respondent within a time stipulated by this Court. For Petitioner : Mr.S.Sathyachidambaram For R1 : Mr.G.Suriya Ananth Additional Government Pleader For R2 : Mr.G.Gabrial 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to quash the impugned refusal check slip dated 26.03.2024 issued by the 1st respondent and consequential direction to the first respondent to register the document without insisting for the production of original parent document in Document no. 6039/2011 on the file of the first respondent within a time stipulated by this Court.

2. The 2nd respondent is the husband of the petitioner. The petitioner is his first wife. The 2nd respondent has married another woman with the same name, namely, Nirmala Devi. He impersonated the petitioner by presenting the second wife before the authorities and registered Document No. 6039/2011. Hence, the petitioner lodged a complaint, and a First Information Report (FIR) was registered. The 2nd respondent was subsequently convicted for offences under Sections 419 and 420 of IPC. At that time the original parent document was produced before the police authorities, inturn the same was prouduced before the concerned criminal court for evidence. Therefore, the original document is not in the possession of either the petitioner or the 2nd respondent, as it is part of the case records in the criminal court.

2/4

3. Therefore, the 1st respondent shall not insist on the production of the original parent document and shall proceed to register the gift deed executed by the petitioner in favour of her daughter. Although the original parent document is currently available in the case bundle before the Criminal Court, the petitioner is required to produce a certified copy of the judgment. Accordingly, the petitioner is directed to submit a certified copy of the judgment of the Criminal Court before the 1st respondent. On such submission, the 1st respondent is directed to register the document, in accordance with the law, within a period of eight weeks from the date of receipt of a copy of this order.

4. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

17.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA To:

The Sub Registrar, Office of the Sub Registrar Office, Manapparai, Trichy District.

3/4

S.SRIMATHY , J.

KSA ORDER MADE IN DATED :17.06.2025 4/4