A.R.V.Anusuya vs The Sub-Registrar
2021 Latest Caselaw 14329 Mad

                                                                                              W.P.(MD).No.12029 of 2021


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                         DATED : 16.07.2021

                                                             CORAM :

                              THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                  W.P.(MD).No.12029 of 2021

                     A.R.V.Anusuya                                                        ..Petitioner

                                                                   Vs.

                     The Sub-Registrar,
                     Srirengam,
                     Tiruchirappalli District.                                                ... Respondent

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

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

                     the           impugned    refusal     check         slip      of   the       respondent        in

                     RFL/Srirengam/37/2021, dated 09.07.2021 and quash the same and

                     consequently, direct the respondent to register the settlement deed dated

                     09.07.2021, within the time fixed by this Court.

                                       For Petitioner                           : Mr.H.Arumugam

                                       For Respondent                           : Mr.M.Lingadurai
                                                                                Government Advocate




                    1/4
https://www.mhc.tn.gov.in/judis/
                                                                                  W.P.(MD).No.12029 of 2021


                                                           ORDER

This writ petition has been filed aggrieved by the impugned Refusal

Check Slip issued by the respondents, on 09.07.2021, refusing to register the

document presented by the petitioner on the ground that the petitioner has not

produced the original title deeds.

2.Heard Mr.H.Arumugam, learned counsel appearing for the petitioner

and Mr.M.Lingadurai, learned Government Advocate appearing for the

respondent.

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

the judgment of this Court in Sivanadiyan Vs. 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.

4.in view of the above, the impugned proceedings are quashed and

there shall be a direction to the 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.

https://www.mhc.tn.gov.in/judis/ W.P.(MD).No.12029 of 2021

5.This writ petition is allowed accordingly. No costs.

16.07.2021

Internet : Yes/No Index : Yes/No TM

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

The Sub-Registrar, Srirengam, Tiruchirappalli District.

https://www.mhc.tn.gov.in/judis/ W.P.(MD).No.12029 of 2021

N.ANAND VENKATESH, J.

TM

Order made in

W.P.(MD).No.12029 of 2021

16.07.2021

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