Madras High Court
N.Mohammed Ali Hussain vs The District Registrar on 5 July, 2021
W.P.(MD)No.11024 & 11028 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH Court
DATED: 05.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)Nos.11024 and 11028 of 2021
and W.M.P.(MD) Nos.8655 and 8658 of 2021
(Through Video Conferencing)
N.Mohammed Ali Hussain ... Petitioner in
both W.Ps.
Vs.
1.The District Registrar,
Cheranmahadevi
Tirunelveli
2.The Joint Sub Registrar No.2
Cheranmahadevi
Tirunelveli.
3.A.Kaja Maideen
4.S.Ismath Inoon ... Respondents in both
W.Ps.
COMMON PRAYER : Writ Petitions are filed under Article 226 of the
Constitution of India for issuance of a Writ of Certiorarified Mandamus to
call for the records relating to the impugned orders of the 2nd respondent
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W.P.(MD)No.11024 & 11028 of 2021
dated 11.05.2018, 11.08.2018 and in Na.Ka.No.2146/A1/2018 dated
17.09.2018 and the consequential impugned order of the 1 st respondent in
Na.Ka.No.3138/A1/2018 dated 22.10.2018 and quash the same and
consequently direct the respondents to release the sale deed dated
10.05.2018 under pending Document Nos.3 and 4/2018 executed by the
petitioner within the time fixed by this Court.
For Petitioner :Mr.H.Arumugam
For Respondents :Mr.R.Suresh Kumar for R1 & R2
Government Advocate
Mr.P.P.Alwin Balan for R3 & R4
COMMON ORDER
The issue involved in both the writ petitions are common and hence,
they are taken up together, heard and disposed of through this common
order.
2. These writ petitions have been filed aggrieved by the impugned
refusal check slips issued by the second respondent and further confirmed
by the first respondent on the ground that the original title document was not
presented at the time of registration.
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W.P.(MD)No.11024 & 11028 of 2021
3. Heard the learned counsel for the petitioner, the learned
Government Advocate for the respondents 1 and 2 and the learned counsel
for the respondents 3 and 4.
4. The issue involved in the present writ petition is squarely covered
by the judgment of this Court in Sivanadiyan v. Sub Registrar, Pudukottai,
Pudukottai District, reported in 2021 (2) CTC 526. This Court has made it
very clear that the registering authority is not empowered to insist for the
production of the original documents.
5. In view of the above, the impugned proceedings are quashed and
there shall be a direction to the second respondent to register the document,
if it is otherwise in order and the necessary stamp duty and registration fees
has been paid. The documents shall be released after registration.
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W.P.(MD)No.11024 & 11028 of 2021
6. These writ petitions are allowed accordingly. No costs.
Consequently connected Miscellaneous Petitions are closed.
05.07.2021
Internet : Yes
RR
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The District Registrar,
Cheranmahadevi
Tirunelveli
2.The Joint Sub Registrar No.2
Cheranmahadevi
Tirunelveli.
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W.P.(MD)No.11024 & 11028 of 2021
N.ANAND VENKATESH, J.
RR
W.P.(MD)Nos.11024 & 11028 of 2021
05.07.2021
https://www.mhc.tn.gov.in/judis/
