Madras High Court
Gowri vs The Inspector General Of ... on 1 April, 2022
W.P.No.7828 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.7828 of 2022
Gowri ... Petitioner
Vs.
1. The Inspector General of Registration,
Santhome High Road,
Mylapore, Chennai-4.
2. The Joint Sub-Registrar-II,
Sub-Registrar Office,
Dharmapuri.
3. The Inspector of Police,
Mathikonpallayam Police Station,
Dharmapuri. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the 2nd respondent to register the Sale
Deed dated 05.03.2022. The 2nd respondent by his refusal RFL/2 Joint Sub-
Registrar Dharmapuri/34/2022 dated 05.03.2022 has refused to register the
sale deed and return the same to the petitioner.
1
https://www.mhc.tn.gov.in/judis
W.P.No.7828 of 2022
For petitioner : M/S.M.Selvam
For Respondents : Mr.Yogesh Kannadasan
Special Government Pleader
ORDER
This Writ Petition has been filed seeking for the issuance of a Writ of
of Mandamus to direct the 2nd respondent to register the Sale Deed dated
05.03.2022. The 2nd respondent by his refusal RFL/2 Joint Sub-Registrar
Dharmapuri/34/2022 dated 05.03.2022 has refused to register the sale deed
and return the same to the petitioner.
2. Mr.Yogesh Kannadasan, learned Special Government Pleader
takes notice for the respondents. In view of the limited relief sought for in
this petition and on the consent expressed by the learned counsel appearing
on either side, this petition is taken up for final disposal.
3. The case of the petitioner is that the petitioner presented the
Settlement deed dated 05.03.2022 before the 2nd respondent for
registration. However, the said document was refused to be registered by the
2nd respondent on the ground that original parent document was not
https://www.mhc.tn.gov.in/judis
W.P.No.7828 of 2022
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.
4. Though very many grounds have been raised, learned counsel for
the petitioner submitted that though the petitioner annexed the certified copy
of the parent document, even then the 2nd respondent refused to register the
document is not sustainable, the issue involved in the present case, is no
more res-integra. He further 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,
https://www.mhc.tn.gov.in/judis
W.P.No.7828 of 2022
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."
5. The learned Special Government Pleader appearing for the
respondents submits that the document presented by the petitioner was
rejected by the 2nd respondent on the ground that parent document was not
annexed along with the document.
6. 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
https://www.mhc.tn.gov.in/judis
W.P.No.7828 of 2022
present the parent document, certified copy of the parent document is
sufficient to entertain the document for registration.
7. Accordingly, this Writ petition is allowed, the impugned order is
set aside and the 2nd respondent is directed to entertain the document
presented by the petitioner 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.
01.04.2022
Index : Yes / No
Internet : Yes / No
Speaking Order/Non-Speaking Order
jd/lpp
To
1. The Inspector General of Registration,
Santhome High Road,
Mylapore, Chennai-4.
2. The Joint Sub-Registrar-II,
Sub-Registrar Office,
Dharmapuri.
https://www.mhc.tn.gov.in/judis
W.P.No.7828 of 2022
M.DHANDAPANI,J.
jd/lpp
3. The Inspector of Police,
Mathikonpallayam Police Station,
Dharmapuri.
W.P.No.7828 of 2022
01.04.2022
https://www.mhc.tn.gov.in/judis
