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Madras High CourtWP(MD)/11377/2021allowed

Muthukrishnan v. The Sub Registrar

2021-07-08Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.11377 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.11377 of 2021 Muthukrishnan ... Petitioner Vs.

The Sub-Registrar, Office of the Sub Registrar Office, North Veeravanallur, Tirunelveli District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned refusal slip in RFL/North Veeravanallur/50/2021, dated 22.06.2021, and quash the same as illegal and consequently direct the respondent to register the document presented by the petitioner for registration without light of the order of this Court in K.S.Vijayandran vs. IG of Registration, Chennai and others reported in 2011 (2) LW 648 within the time that may be stipulated by this Court. For Petitioner : Mr.D.S.Haroon Rasheed For Respondent : Mr.M.Lingadurai Government Advocate

ORDER

This writ petition has been filed challenging the impugned refusal check slip issued by the respondent, dated 22.06.2021, wherein, the document presented by the petitioner was refused to be registered on the ground that the original title deed was not produced at the time of registration.

2.Heard Mr.R.Sundar, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Counsel, appearing for the respondents.

3.The issue involved in the present writ petition is squarely covered by the judgment of this Court in Sivanadiyan Vs. Sub Registrar, Pudukottai, reported in 2021 (2) CTC 526. This Court has categorically held that production of original title deed is not mandatory for registration of documents.

4.In view of the above, the impugned refusal check slip issued by the respondent dated 22.06.2021, is hereby quashed and there shall be a direction to the respondent to entertain the document, if https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.11377 of 2021 it is otherwise in order and the necessary stamp duty and registration fees are paid. The document shall be released after registration.

5.This writ petition is allowed with the above directions. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) TM NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To The Sub-Registrar, Office of the Sub Registrar Office, North Veeravanallur, Tirunelveli District.

+1 CC to M/s.SPL GP ( SR-21952[F] dated 09/07/2021 ) W.P.(MD).No.11377 of 2021 08.07.2021 LS(CO) LR (15.07.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2