Muthukrishnan vs The Sub-Registrar
2021 Latest Caselaw 13633 Mad

                                                                               W.P.(MD).No.11377 of 2021


                              BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 08.07.2021

                                                        CORAM :

                              THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                              W.P.(MD).No.11377 of 2021

                     Muthukrishnan                                             ... Petitioner
                                                           Vs.

                     The Sub-Registrar,
                     Office of the Sub Registrar Office,
                     North Veeravanallur,
                     Tirunelveli District.                                     ... Respondent

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India, to

                     issue a Writ of Certiorarified Mandamus, calling for the records pertaining to

                     the impugned refusal slip in RFL/North Veeravanallur/50/2021, dated

                     22.06.2021, and quash the same as illegal and consequently direct the

                     respondent to register the document presented by the petitioner for

                     registration without light of the order of this Court in K.S.Vijayandran vs. IG

                     of Registration, Chennai and others reported in 2011 (2) LW 648 within the

                     time that may be stipulated by this Court.


                                   For Petitioner           : Mr.D.S.Haroon Rasheed

                                   For Respondent           : Mr.M.Lingadurai
                                                             Government Advocate


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https://www.mhc.tn.gov.in/judis/
                                                                                  W.P.(MD).No.11377 of 2021




                                                           ORDER

This writ petition has been filed challenging the impugned

refusal check slip issued by the respondent, dated 22.06.2021, wherein, the

document presented by the petitioner was refused to be registered on the

ground that the original title deed was not produced at the time of

registration.

2.Heard Mr.R.Sundar, learned counsel appearing for the petitioner and

Mr.M.Lingadurai, learned Government Counsel, appearing for the

respondents.

3.The issue involved in the present writ petition is squarely covered by

the judgment of this Court in Sivanadiyan Vs. Sub Registrar, Pudukottai,

reported in 2021 (2) CTC 526. This Court has categorically held that

production of original title deed is not mandatory for registration of

documents.

4.In view of the above, the impugned refusal check slip issued by the

respondent dated 22.06.2021, is hereby quashed and there shall be a direction

to the respondent to entertain the document, if it is otherwise in order and the

https://www.mhc.tn.gov.in/judis/ W.P.(MD).No.11377 of 2021

necessary stamp duty and registration fees are paid. The document shall be

released after registration.

5.This writ petition is allowed with the above directions. No costs.

08.07.2021 Internet : Yes/No Index : Yes/No TM

To

The Sub-Registrar, Office of the Sub Registrar Office, North Veeravanallur, Tirunelveli District.

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.

https://www.mhc.tn.gov.in/judis/ W.P.(MD).No.11377 of 2021

N.ANAND VENKATESH, J.

TM

Order made in W.P.(MD).No.11377 of 2021

Dated:

08.07.2021

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