Madras High Court
P.Kittusamy vs The District Registrar on 1 April, 2022
W.P.No.22246 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.No.22246 of 2021
and
W.M.P.No.23457 of 2021
P.Kittusamy ...Petitioner
vs.
1. The District Registrar,
Registration Department,
Tiruppur.
2. The Sub-Registrar Cum Registering Officer,
Uthukuli Taluk,
Tiruppur District.
3. P.Manian ...Respondents
Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus to call for the records of the 2 nd
respondent made in Refusal Check Slip Proceedings Refusal
No.RFL/Uthukuli/4/2021 dated 24.09.2021 and quash the same and
consequently directing the 2nd respondent to register the settlement deed
dated 24.09.2021 without insisting the production of original parent
documents.
For Petitioner : Mr.N.Umapathi
1/7
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W.P.No.22246 of 2021
For Respondents R1 & R2 : Mr.Yogesh Kannadasan
Special Government Pleader
ORDER
The petitioner has filed this Writ petition seeking issuance of a Writ
of Certiorarified Mandamus to call for the records of the 2nd respondent
made in Refusal Check Slip Proceedings Refusal No.RFL/Uthukuli/4/2021
dated 24.09.2021 and quash the same and consequently direct the 2nd
respondent to register the settlement deed dated 24.09.2021 without
insisting the production of original parent documents.
2. The case of the petitioner is that, he presented a document on
24.09.2021 for executing Settlement Deed in favour of his wife, before the
2nd respondent. However, the 2nd respondent, vide proceedings dated
24.09.2021, in Refusal No.RFL/Uthukuli/4/2021, refused to register the said
document on the ground that the original parent document was not annexed
along with the document which is presented for registration. Challenging
the same, the present Writ Petition has been filed by the petitioner for the
above relief.
3. Learned counsel for the petitioner submits that though the
petitioner has presented the document for registering by annexing the copy
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W.P.No.22246 of 2021
of the parent document, the 2nd respondent has refused to register the
document, which is not sustainable. He further submitted that the issue
involved in the present case, is no more res-integra and relied upon the
decision of this Court in W.P.(MD)No.19745 of 2020, order dated
11.02.2021. The relevant portion of the above said order is extracted
hereunder:-
"8.This Court is entirely in agreement with the submissions made
on behalf of the petitioner in this regard. The latest decision of the
learned Single Judge appears to have not considered the implication of
the Circular with reference to the scheme of the relevant Act. On the
other hand, the above three decisions cited on behalf of the petitioner
would certainly hold the field and in which event, insistence on
production of original Title Deeds by the Registering Authority is
without any authority of law. The Circular issued by the Inspector
General of Registration, Chennai in this regard cannot have any
sanctity, unless the power of issuance of such Circular is authorized
under the provisions of the Act. This Court has consistently held that no
such power can be read into Act, in the absence of any specific
provisions and in that view of the matter, as rightly contended by the
learned Counsel for the petitioner, the subject issue is no more res-
integra. As far as the latest decision of the learned Single Judge is
concerned, being a kind of a contra view, this Court is of the opinion
that the order passed by the learned Single Judge of this Court in
W.P.(MD)No.16768 of 2020, dated 26.11.2020 has not appreciated the
provisions of the Act, as the reasons of the learned Single Judge are
contrary to the well considered earlier Judgments of this Court. The
learned Judge has reasoned without any specific reference to the
scheme of the Act, which governs the registration."
4. The learned Special Government Pleader appearing for the 1 st and
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W.P.No.22246 of 2021
2nd respondents submits that the document presented by the petitioner was
rejected by the 2nd respondent on the ground that original parent document
was not annexed along with the document.
5. In view of the decision of this Court in W.P.(MD)No.19745 of
2020, order dated 11.02.2021, makes it clear that, there is no need to present
the parent document, copy of the parent document is sufficient to entertain
the document for registration.
6. Accordingly, this writ petition is allowed and the impugned order
dated 24.09.2021 passed by the 2nd respondent, in Refusal No.RFL/
Uthukuli/ 4/ 2021, is set aside and the 2nd respondent is directed to entertain
the document presented by the petitioner without insisting upon the original
parent document and pass appropriate orders within a period of twelve
weeks from the date of receipt of a copy of this order, and the petitioner is
directed to pay requisite Stamp Duty and Registration Charges. No costs.
Consequently, connected Miscellaneous petition is closed.
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W.P.No.22246 of 2021
01.04.2022
skt
Index : Yes/No
Speaking order : Yes/No
To:
1. The District Registrar,
Registration Department,
Tiruppur.
2. The Sub-Registrar Cum Registering Officer,
Uthukuli Taluk,
Tiruppur District.
https://www.mhc.tn.gov.in/judis
W.P.No.22246 of 2021
M.DHANDAPANI,J.
skt
W.P.No.22246 of 2021
and
W.M.P.No.23457 of 2021
https://www.mhc.tn.gov.in/judis
W.P.No.22246 of 2021
01.04.2022
https://www.mhc.tn.gov.in/judis
