Selvaraj vs The Inspector General Of ...
2021 Latest Caselaw 20686 Mad

                                                                    1                 W.P.No16852. of
                                                             2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 07.10.2021

                                                          CORAM:

                            THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN

                                                    W.P. No.16852 of 2021

                     Selvaraj                                                        ... Petitioner

                                                            -Vs-

                     1.The Inspector General of Registration,
                       100, Santhome High Road,
                       Chennai.

                     2.The District Registrar,
                       Tiruppur District, Tiruppur.

                     3.The Sub-Registrar,
                       Dharapuram Taluk, Tiruppur District.                       ... Respondents

                     PRAYER: This Petition is filed under Article 226 of the Constitution of
                     India, praying for the issue a Writ of Certiorarified Mandamus, to call for
                     the records pertaining to the Refusal Check Slip issued by the 3rd
                     respondent in refusal number: RFL/Dharapuram/28/2021 dated 13.07.2021
                     and to quash the same as illegal and incompetent and consequently direct
                     the 3rd respondent to register the Gift deed dated 13.07.2021 executed by
                     the petitioner.
                                  For Petitioner            :: Ms.Sasee, for Mr.M.Guruprasad
                                  For Respondents           :: Mr.Yogesh Kannadasan
                                                               (Government Advocate)
                                                            *****
https://www.mhc.tn.gov.in/judis
                                                                      2                     W.P.No16852. of
                                                              2021


                                                          ORDER

The relief sought for in this writ petition is to call for the records

pertaining to the Refusal Check Slip issued by the 3rd respondent in refusal

number:RFL/Dharapuram/28/2021 dated 13.07.2021 and to quash the same

as illegal and incompetent and consequently direct the 3rd respondent to

register the Gift deed dated 13.07.2021 executed by the petitioner.

2.The learned counsel for the petitioner would submit that the

petitioner owns an extent of 0.48 acres of land situated in R.S.No.324/2 and

an extent of 0.13 acres of land situated in R.S.No.322/3 and the same was

registered as Document No.4618/2009 dated 18.06.2009 before the Sub-

Registrar office, Dharapuram. He is in possession and enjoyment of the

property and there is no dispute in that regard. Out of his love and affection

towards his wife Rajathi, the petitioner opted to gift the same to her. As a

result, he executed a gift deed in favour of his wife before two witnesses

with the prescribed stamp fee. But the office of the respondent for the

indefensible reasons, had refused to register the gift deed and furnished him

the refusal slip which is impugned here. As the gift deed was executed in the

prescribed manner, the 3rd respondent cannot refuse the gift deed for the

reason that Original document was not produced. The impugned Refusal https://www.mhc.tn.gov.in/judis 3 W.P.No16852. of

Slip issued by the 3rd respondent in disobedience to the recent Judgment

passed by the Hon'ble Court of Madurai Bench vide W.P.(MD).No.19745 of

2020 in “Sivanadiyan Vs. The Sub-Registrar, Pudukottai” on 11.02.2021

wherein the Hon'ble Court decided that the production of Original Document

for registration is not mandatory. It has become necessary for him to get the

gift deed registered. The order of the 3rd respondent in refusing to register

the Gift Deed is untenable and hence left with no other alternative or

efficacious remedy, the petitioner has approached this Court by invoking his

prerogative right under Article 226 of the Constitution of India, 1950.

Hence, this Writ petition.

3. The learned counsel for the petitioner would submit that there is

no need to produce original documents before the respondents for

registration of documents as per the observation of Hon'ble Court of

Madurai Bench vide W.P.(MD).No.19745 of 2020 in “Sivanadiyan Vs. The

Sub-Registrar, Pudukottai” on 11.02.2021 wherein the Hon'ble Court

decided that the production of Original Document for registration is not

mandatory. However, the petitioner has to prove that the original document

has been missed for which he has to publish the same in any local

publication in and around his area and make complaint before the police https://www.mhc.tn.gov.in/judis 4 W.P.No16852. of

station in this regard after producing copy of the related documents. Having

the copy of the publication and complaint copy, the petitioner may be

directed to approach the respondent to register the Gift Deed as prayed for.

4. On going through the Refusal Check Slip, it is seen that the

original documents have not been produced. In view of the fact that there

are innumerable bogus documents and the same are registered on day today

basis, the Registering Authority has requested to produce the original

documents in order to curtail the malafide transactions and forged

documents. Further, only based on the appropriate guidelines issued by the

Hon'ble Division Bench of this Court and in order to substantiate that there

is no forgery in the transactions that are being registered, the concerned

authorities are seeking production of the original documents. That being the

case, the petitioner's contention that the authorities cannot request the parties

to produce original documents, cannot be accepted.

5. Moreover, since the title deed is said to have been missed, the

petitioner is directed by order dated 12.08.2021 of this Court petitioner to

comply the procedure as stipulated in the Circular with respect to missing

documents. Accordingly, the petitioner has published the issue in Daily https://www.mhc.tn.gov.in/judis 5 W.P.No16852. of

Thanthi on 26.09.2021 and made complaint with regard to missing

documents by RPAD to the local Police Official, the Registrar can consider

the certified copy of the said document to be produced by the petitioner.

6. In view of the above and in order to verify the title of the

concerned parties and to avoid unnecessary further litigation in the

transaction, the petitioner is directed to obtain copy of the FIR with regard to

missing of Original Title Deeds and publication made in Daily Thanthi and

submit the same before the registering authority / respondent along with the

supporting documents to establish the identity and title of the the petitioner.

On receipt of such documents, the respondent is directed to consider the said

documents and pass orders on merits and in accordance with law within a

period of eight weeks thereafter.

7. With the aforesaid directions, the Writ Petition is disposed of.

Consequently connected miscellaneous petition is closed if any. No costs.

07.10.2021 Lbm Speaking order/Non-speaking order Index : Yes/No Internet: Yes/No https://www.mhc.tn.gov.in/judis 6 W.P.No16852. of

V.BHAVANI SUBBAROYAN.,J

Lbm

To:

1.The Inspector General of Registration, 100, Santhome High Road, Chennai.

2.The District Registrar, Tiruppur District, Tiruppur.

3.The Sub-Registrar, Dharapuram Taluk, Tiruppur District.

W.P. No.16852 of 2021

07.10.2021

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