Ram Nagar North Extension vs The Sub Registrar
2021 Latest Caselaw 24291 Mad

                                                                                      W.P.No.26153 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 09.12.2021

                                                          CORAM

                             THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                                   W.P.No.26153 of 2021
                                                           and
                                                  W.M.P.No.27606 of 2021

                     Ram Nagar North Extension
                     Welfare Association,
                     Rep.by its President Shafi Mohammed,
                     Plot No.5102, 7th Street,
                     Ram Nagar (North Extn)
                     Puzhuthivakkam,
                     Madipakkam Post,
                     Chennai – 600 091.                                         ... Petitioner
                                                       Vs

                     The Sub Registrar,
                     The Sub Registrar Office,
                     Velachery,
                     Chennai.                                                 ... Respondent

                                  Writ Petition is filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Certiorarified Mandamus, to call for the records of
                     the respondent in relates to refusal number RFL/Velachery/42/2021 dated
                     20.11.2021 and quash the same in the light of judgment in K.S.Vijayandran
                     vs. IG of Registration 2011 (2) LW 648 and direct the respondent to register
                     the deed of lease.

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https://www.mhc.tn.gov.in/judis
                                                                                 W.P.No.26153 of 2021




                                  For Petitioner    :   Mr.J.Franklin

                                  For Respondent    :   Mr.Yogesh Kannadasan
                                                        Special Government Pleader

                                                        ORDER

This writ petition is filed to issue a Writ of Certiorarified

Mandamus, to call for the records of the respondent relating to refusal

number RFL/Velachery/42/2021 dated 20.11.2021 and quash the same in the

light of judgment reported in 2011 (2) LW 648 (K.S.Vijayandran vs.

Inspector General of Registration) and direct the respondent to register the

deed of lease.

2. The petitioner purchased the property comprised in Old

S.No.80, New S.No.79/12 ad-measuring an extent of 3200 sq.ft, situated at

Plot No.5102, 7th Street, Ram Nagar North Extension, Puzhuthivakkam,

Chennai – 600 091, by the registered sale deed dated 30.03.1983, vide

Document No.1111 of 1983. The petitioner intended to enter into a deed of

lease with Public Social Welfare Trust for putting up an office for the

purpose of social service on 15.11.2021 to the petitioner and the lessee paid

https://www.mhc.tn.gov.in/judis W.P.No.26153 of 2021

necessary charges and presented it for registration on 20.11.2021. However,

the said document was returned by the respondent for the reason that the

petitioner failed to produce the original parent document. According to the

petitioner, due to floods in the year 2015, the original documents got

destroyed and as such, the petitioner could not produce the same, at the time

of presentation of the document for registration.

3. Considering the above facts and circumstances of the case, the

impugned refusal check slip dated 20.11.2021 is quashed. The petitioner is

directed to re-present the lease deed for registration along with certified

copies of the parent deed dated 30.03.1983, registered vide Document

No.1111 of 1983 for registration. On receipt of the same, the respondent is

directed to register and release the same forthwith.

4. In the result, this Writ Petition is allowed. Consequently, the

connected Miscellaneous Petition is closed. No costs.

09.12.2021 kv Index:Yes/No

https://www.mhc.tn.gov.in/judis W.P.No.26153 of 2021

Speaking Order: Yes

G.K.ILANTHIRAIYAN, J.

kv

To

The Sub Registrar, The Sub Registrar Office, Velachery, Chennai.

W.P.No.26153 of 2021

09.12.2021

https://www.mhc.tn.gov.in/judis