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Madras High CourtWP(MD)/19726/2025allowed

Kalyani v. The Sub Registrar

2025-07-21Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Kalyani ... Petitioner vs.

The Sub Registrar, Keelanilai Sub Registrar Office, Pudukottai District.

...Respondent

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to impugned refusal check slip in RFL/Keelanilai/37/2025 dated 25.06.2025 issued by the respondent and quash the same and consequently direct the respondent to register the settlement deed dated 25.06.2025 executed by the petitioner in favour of petitioner's son viz.Santhosh on re-presentation within the time stipulated by this Court.

For Petitioner : Mr.K.R.Manimaran For Respondents : Mr.S.Saji Bino, Special Government Pleader 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 25.06.2025 issued by the respondent and consequently direct the respondent to register the settlement deed dated 25.06.2025 executed by the petitioner in favour of petitioner's son viz.Santhosh on re-presentation within the time stipulated by this Court.

2. Through the impugned order, the respondent has stated that the petitioner failed to produce the original parent document.

3. It is a settled proposition of law that the registering authority cannot insist on the production of the original parent deed at the time of registration. Rule 55(A) of the Registration Act, being beyond the scope of the Act, was struck down by the Hon'ble Supreme Court of India in the case of Gopi vs. The Sub Registrar & Ors., in C.A. No. 3954 of 2025.

4. Therefore, the impugned order dated 25.06.2025 passed by the respondent is hereby quashed. The respondent is directed to register the document within a period of four weeks form the date of receipt of a copy of the order. 2/4

5. With the above observations, this Writ Petition is allowed. There shall be no order as to costs.

21.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA To:

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The Sub Registrar, Keelanilai Sub Registrar Office, Pudukottai District.

3/4

S.SRIMATHY , J.

KSA ORDER MADE IN W.P(MD)No. 19726 of 2025 DATED :21.07.2025 4/4