Mariarosi v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD)No.21930 of 2024 Mariarosi ... Petitioner /Vs./ The Sub Registrar, Sub Registrar Office, Vasudevanallur, Tenkasi.

... Respondent P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the impugned refusal check slip under Refusal No.RFL/Vasudevanallur/32/2024 passed by the respondent dated 22.10.2024 and to quash the same as illegal and further to direct the respondent to register the settlement deed dated 22.10.2024 executed by the petitioner relating to the property under S.No.919/6A New S.No.919/6A1A measuring 0.08.0 hectares equivalent to 20 cents 1/6

situated at Arulatchi Main Road, Mariyamman Temple, Thirumalpuram village, Ward -6, Tenkasi District.

For Petitioner : Mr.R.Rajeshkumar For Respondent : Mr.C.Satheesh Government Advocate

ORDER

This writ petition has been filed challenging the impugned refusal check slip dated 22.10.2024 issued by the respondent.

2. Heard Mr.R.Rajeshkumar, learned counsel appearing for the petitioner, and Mr.C.Satheesh, learned Government Advocate appearing for the respondent.

3. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

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4. The respondent under the impugned refusal check slip has refused to register the settlement deed presented by the petitioner for registration on the ground that she has not produced the original parent document.

5. Law is well settled through various decisions rendered by this Court that there is no necessity for production of the original parent title deeds, at the time of presentation of a document for registration. By total non-application of mind to the well settled law, the impugned order has been passed. Hence, the impugned refusal check slip dated 22.10.2024 issued by the respondent has to be necessarily quashed and this writ petition has to be allowed.

6. Accordingly, the impugned refusal check slip dated 22.10.2024 issued by the respondent is hereby quashed and this writ petition is allowed by directing the respondent to register the settlement deed presented by the petitioner for registration, if the same is otherwise in order, within a period of two weeks from the date of receipt of a copy of this order. It is made clear that the petitioner shall produce the certified 3/6

copies of the parent documents to the respondent to enable him to register the settlement deed presented by the petitioner for registration. No costs. Consequently, connected miscellaneous petition is closed. 28.10.2024 Index : Yes / No NCC : Yes / No sm 4/6

TO:- The Sub Registrar, Sub Registrar Office, Vasudevanallur, Tenkasi.

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ABDUL QUDDHOSE, J.

Sm Order made in Dated:

28.10.2024 6/6