The Sub Registrar v. Ramu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and C.M.P.(MD)No.16950 of 2024 The Sub Registrar, Kariapatti Sub Registration Office, Kariapatti, Virudhunagar District.
: Appellants Vs.
Ramu : Respondent PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to allow the Writ Appeal by setting aside the order passed in W.P.(MD)No.6878 of 2024 dated 25.03.2024.
For Appellants : Mr.Veerakathiravan Additional Advocate General Assisted by Mr.S.P.Maharajan Standing Counsel For Respondent : Mr.S.Balamurugan 1/5
JUDGMENT
************** [Judgment of the Court was delivered by M.S.RAMESH, J.] Challenge is made to the order of the learned Single Judge dated 25.03.2024 in W.P.(MD)No.6878 of 2024. 2.The issue as to whether a document presented for registration can be refused through a check slip for non-production of the antecedent title deeds came up for consideration recently before a Coordinate Bench in a case of P.Pappu Vs. The Sub Registrar, Rasipuram, Namakkal District, in W.A.(MD)No. 1160 of 2024 dated 27.09.2024, whereby, the Coordinate Bench had held that such refusal is impermissible, since the parent title deeds would be available in the concerned Sub-Registrar's office itself, which could be verified by the Sub-Registrar at the time of registration.
3.In view of the recent law laid down by the Coordinate Bench in Pappu's case, the refusal check slip before the Writ Court cannot be legally sustained and as such no interference is required to the order of the learned Single Judge.
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4.Accordingly, the Writ Appeal fails and the same is dismissed. There shall be no order as to costs. Consequently the connected Miscellaneous Petition is closed.
[M.S.R.,J.] & [A.D.M.C.,J.] 27.11.2024 Index : Yes/No Internet : Yes/No MR 3/5
To The Sub Registrar, Kariapatti Sub Registration Office, Kariapatti, Virudhunagar District.
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M.S.RAMESH, J.
and A.D.MARIA CLETE, J.
MR JUDGMENT MADE IN 27.11.2024 5/5