Anusuya.A.R.V v. The Sub-Registrar

W.P.(MD).No.12029 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.12029 of 2021 A.R.V.Anusuya ... Petitioner Vs.

The Sub-Registrar, Srirengam, Tiruchirappalli District.

... Respondent Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned refusal check slip of the respondent in RFL/Srirengam/37/2021, dated 09.07.2021 and quash the same and consequently, direct the respondent to register the settlement deed dated 09.07.2021, within the time fixed by this Court.

For Petitioner : Mr.H.Arumugam For Respondent : Mr.M.Lingadurai Government Advocate

ORDER

This writ petition has been filed aggrieved by the impugned Refusal Check Slip issued by the respondents, on 09.07.2021, refusing to register the document presented by the petitioner on the ground that the petitioner has not produced the original title deeds.

2.Heard Mr.H.Arumugam, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing for the respondent.

3.The issue involved in the present writ petition is squarely covered by the judgment of this Court in Sivanadiyan Vs. Sub Registrar, Pudukottai, Pudukottai District, reported in 2021 (2) CTC

526. This Court has made it very clear that the registering authority is not empowered to insist for the production of the original documents.

4.In view of the above, the impugned proceedings are quashed and there shall be a direction to the respondent to register the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.12029 of 2021 document, if it is otherwise in order and the necessary stamp duty and registration fees has been paid. The documents shall be released after registration.

5.This writ petition is allowed accordingly. No costs. Sd/- Assistant Registrar (CS I) // 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, Srirengam, Tiruchirappalli District.

+1 CC to M/s.H.ARUMUGAM, Advocate (SR-23093[F] dated 19/07/2021) +1 CC to M/s.SPL GP (SR-23207[F] dated 19/07/2021) W.P.(MD).No.12029 of 2021 16.07.2021 RC (27.07.2021)2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2