Madras High Court
Senthil Kumar vs The Joint Registrar on 3 September, 2021
W.P.No.14084 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.09.2021
CORAM:
THE HONOURABLE Mrs. JUSTICE V. BHAVANI SUBBAROYAN
W.P. No.14084 of 2021
Senthil Kumar .. Petitioner
Versus
The Joint Registrar,
Ariyalur,
Ariyalur District. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying
to issue a Writ of Certiorarified Mandamus, calling for the entire records
relating to the Impugned Refusal Check Slip in RFL/139/2021 dated
10.06.2021 passed by the respondent herein and quash the same as illegal and
consequently direct the respondent to register the document presented by the
petitioner for registration without insisting for the production of original parent
document in the light of the order made by this Hon'ble Court in W.P.(MD)
No.19745 of 2020 dated 11.02.2021 by following the Judgment reported in
2011 (2) LW-648 within the time fixed by this Hon'ble Court.
For Petitioner : Mr. R.Gokulakrishnan.
For Respondent : Mr. Yogesh Kannadasan,
Government Advocate.
https://www.mhc.tn.gov.in/judis/
W.P.No.14084 of 2021
O RD E R
This Writ Petition is filed to quash the Impugned Refusal Check Slip in
RFL/139/2021 dated 10.06.2021 passed by the respondent herein and
consequently direct the respondent to register the document presented by the
petitioner for registration without insisting for the production of original parent
document in the light of the order made by this Hon'ble Court in W.P.(MD)
No.19745 of 2020 dated 11.02.2021 by following the Judgment reported in
2011 (2) LW-648.
2. The case of the petitioner is that he purchased a property in Survey
No.242/18 for an extent of 789 sq.ft., vacant land for a valid consideration of
Rs.68,620/- which was duly registered before the respondent in Document
No.302/1993. The petitioner is the absolute owner of the said property and is in
peaceful possession and enjoyment of the property without any hindrance. Patta
was also issued in favour of the petitioner. It is stated that due to aged ailments,
the petitioner decided to execute a settlement deed of the said property in
favour of his brother one Mohan Gandhi. Therefore, the petitioner presented
the relevant document before the respondent on 10.06.2021. It is stated that the
by way of impugned Refusal Check Slip No.RFL/139/2021 dated 10.06.2021,
https://www.mhc.tn.gov.in/judis/
W.P.No.14084 of 2021
the respondent refused to register the settlement deed for the reason that
original parent deed was not produced by the petitioner. It is stated that the
respondent was informed that the Inspector General of Registration, Chennai,
had issued a circular dated 15.09.2010, which requires the production of
original title deed to the authority concerned for the purpose of registration.
Hence, the petitioner filed this present writ petition seeking direction to the
respondent to register the document without insisting for the production of
original parent document.
3. Learned counsel for the petitioner submits that the production of
original title deed could not be completed since the said document has been lost
by the petitioner in a xerox shop which is located between Ariyalur to
Sendhurai road. He further submits that the petitioner has already given a
complaint to the police on 12.07.2021 and sent a representation to the Deputy
Superintendent of Police, Ariyalur, on 14.07.2021 and also effected paper
publication on 15.07.2021, in this regard. Hence, he prayed to direct the
respondents to register the document presented by the petitioner for
registration.
https://www.mhc.tn.gov.in/judis/
W.P.No.14084 of 2021
4. Learned Government Advocate appearing for the respondent
submitted that the petitioner may produce a certified copy of the original title
deed and other related documents to the respondent and the respondent may
consider the same.
5. Considering the facts and circumstances of the case and the
submissions made by the learned counsel on both sides, the petitioner is hereby
directed to produce a certified copy of the original title deed and the relative
documents such as Aadhar card, Revenue records, to support that he is the
owner of the said property, to the respondent. The police authorities shall issue
non-traceable certificate on the basis of the complaint given by the petitioner on
12.07.2021. On receipt of the aforesaid documents from the petitioner, the
respondent is directed to verify and register the same, within a period of eight
weeks from the date of production of said documents.
With the above directions, this writ petition is disposed of. No costs.
03.09.2021
Index:Yes / No
Speaking order / Non speaking order
bkn
https://www.mhc.tn.gov.in/judis/
W.P.No.14084 of 2021
To
The Joint Registrar,
Ariyalur,
Ariyalur District.
https://www.mhc.tn.gov.in/judis/
W.P.No.14084 of 2021
V. BHAVANI SUBBAROYAN, J.,
bkn
W.P. No.14084 of 2021
03.09.2021
(2/2)
https://www.mhc.tn.gov.in/judis/
