Kumaresan v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Kumaresan ... Petitioner Vs.

The Sub Registrar, Sendurai, Dindigul District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned Refusal Check Slip of the respondent in RFL/Sendurai_Dindigul/4/2023 dated 03.10.2023 and quash the same and consequently direct the respondent to register the Partition Deed dated 13.09.2023 within the time fixed by this Court. For Petitioner : Mr.B.Azhagesh For Respondent : Mr.K.Balasubramani Special Government Pleader 1/4

ORDER

Heard both sides.

2. The petitioner wanted to register the deed of partition. When it was presented for registration, the respondent declined to register the same and instead issued the impugned refusal check slip on the ground that the partition deed has not been produced in original.

3. The case of the petitioner is that the original deed was marked by his father in O.S.No.39 of 2006 on the file of the District Munsif cum Judicial Magistrate, Natham.

4. In this view of the matter, without interfering with the impugned order, I permit the petitioner to re-present the document in question. The petitioner shall also submit the certified copy of the partition deed and also an affidavit explaining the circumstances. The respondent will bear in mind the Circular No.22482-C1-2022, dated 02.02.2023 issued by the IG of Registration while considering the petitioner's request subject to the petitioner fulfilling the aforesaid requirement, the document in question shall be registered by the respondent. 2/4

5. The Writ Petition is disposed of accordingly. No costs. 24.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi NOTE:Issue Order Copy on 30.11.2023 To:- The Sub Registrar, Sendurai, Dindigul District.

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G.R.SWAMINATHAN, J.

rmi 24.11.2023 4/4