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Madras High CourtWP(MD)/22142/2022disposed of

Sankar Ganesh.K v. The Sub Registrar

2022-09-20Honourable Mrs Justice V.Bhavani Subbaroyan8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.22142 of 2022 K.Sankar Ganesh ... Petitioner vs.

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

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Refusal Check Slip in No.RFL/Pudukottai/8/2022, dated 07.09.2022 and quash the same and consequently direct the respondent to register the document presented by the petitioner for registration without insisting for the production of the original parent document.

For Petitioner : Mr.R.V.Rajkumar For Respondent : Mr.S.R.A.Ramachandran Additional Government Pleader 1/8

O R D E R

This Writ Petition has been filed challenging the impugned Refusal Check Slip in No.RFL/Pudukottai/8/2022, dated 07.09.2022 and to quash the same and consequently direct the respondent to register the document presented by the petitioner for registration without insisting for the production of the original parent document.

2. The case of the petitioner is that he has purchased the land to an extent of 30 cents in S.No.690/1F, at Mudivaithannendhal Panchayat, Thoothukudi from one Velayutham Pillai, through registered sale deed in Document No.3546/2012, dated 24.07.2012 and he has been in possession and enjoyment of the same. Unfortunately, he lost the original document of the above said property. Hence, he applied for the certified copy of the same before the respondent and obtained the same. Due to financial crisis, he executed a settlement deed dated on 05.09.2022. After completing all the formalities, on 07.09.2022, the petitioner has presented the document for registration before the respondent. But the respondent has returned the same through his impugned Refusal Check 2/8

Slip in No.RFL/Pudukottai/8/2022, dated 07.09.2022, on the ground that as per the Circular of the Department in No.18339/C1/2012, dated 25.04.2012, original parent document should be produced. Challenging the same, the present writ petition has been filed.

3. Heard Mr.R.V.Rajkumar, learned counsel for the petitioner and Mr.S.R.A.Ramachandran, learned Additional Government Pleader appearing for the respondent.

4. Usually, the Court will direct the petitioner to give a police complaint of missing document and after receipt of non-traceable certificate, issue a publication in newspaper regarding the same and afterwards get the certified copy of the original and submit all the three documents to the concerned Registrar and the said Registrar shall consider the same and pass appropriate orders for registration. Now, the Government of Tamil Nadu, in Amendments to the Registration Rules under the Registration Act, 1908, has passed G.O.(Ms.)No.129, Commercial Taxes and Registration (J2) 5th September 2022, 3/8

No.SRO.A-16(a)2022. After Rule 55, the following Rule shall be inserted, namely:

"55A.

previous original deed:

Provided also that production of the previous original deed shall not be necessary where the Government or a Statutory body is the executant of the document or for such class of documents as may be notified by the Inspector General of Registration, from time to time.

(ii) The registering officer, on being satisfied that the description of the property contained in the document presented for registration conforms with the description of the property found in the previous original deed produced by the presentant as provided under this rule, he shall inscribe the word 'verified' on a conspicuous portion of the first page of such title deed and affix his signature with date and thereafter cause scanning of page containing such inscription as a reference document.

(iii) In case where revenue records are produced under this rule, the same shall be scanned as the main document and where Non-Traceable Certificate and the advertisement published in the local Newspaper are submitted by the presentant, the same shall be scanned as reference documents:

Provided that such verification and scanning of the previous original deed or record in the manner provided under this rule, shall not be construed to be an act of ascertaining the validity of the document presented for registration and also the same shall not absolve or deprive any person from the provisions contained in Parts XIV and XV of the Registration Act, 1908 (Central Act XVI of 1908)."; 5/8

(2) in rule 162, after item XIX, the following item shall be added, namely:- "XX. Rule 55A. - That the presentant of the document fails to produce the original deed or record specified in rule 55A.".

5. In view of the above, this Court directs the petitioner to produce the police complaint, the non-traceable certificate, the publication of missing document issued in the local newspaper regarding the loss of original deed and the certified copy of original document issued by the Registration Department before the respondent and on receipt of such documents, the respondent is directed to consider the same and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. No costs.

20.09.2022 Index:Yes/No Internet:Yes/No akv 6/8

To The Sub Registrar, Pudukottai Sub Registrar Office, Thoothukudi District.

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V.BHAVANI SUBBAROYAN,J.

akv W.P(MD)No.22142 of 2022 20.09.2022 8/8