Madras High Court
Chinnapappa vs The District Registrar on 25 April, 2022
W.P.No.9954 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.04.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.No.9954 of 2022
Chinnapappa ...Petitioner
vs.
1. The District Registrar,
Dharmapuri District,
At Dharmapuri.
2. The Sub Registrar,
Palacode,
Dharmapuri District. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus directing the 2nd respondent to register the
petitioner's settlement deed in TP/112396928/2022 dated 01.03.2022.
For Petitioner : Mr.B.Sundarapandiyan
For Respondents : Mr.Yogesh Kannadasan
Special Government Pleader
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.9954 of 2022
ORDER
This writ petition has been filed seeking for issuance of a Writ of
Mandamus to direct the second respondent to register the petitioner's
settlement deed in TP/112396928/2022 dated 01.03.2022.
2. The case of the petitioner is that he is the owner of the property
situated in old Survey No.515/5, New Survey No.515/1A 4B, Kathrahalli
Village, Palacode Taluk, Dharmapuri District of an extent of 1257 sq. ft.
Thereafter, Patta was issued by the concerned Tahsildar and the Revenue
Records were mutated in favour of the petitioner. On 30.06.2004, as the
original Sale Deed had got burnt, in order to settle the said property to and
in favour of his son one M.Marimuthu, the petitioner and his son applied for
registration of Settlement Deed through on-line on 01.03.2022 before the
second respondent, who in turn refused to register the same on 03.03.2022
on the ground that Parent Document was not annexed with the document.
Hence, the petitioner has filed the present Writ Petition seeking the
aforesaid relief.
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W.P.No.9954 of 2022
3. Though very many grounds have been raised, learned counsel for
the petitioner submits that though the petitioner annexed the certified copy
of the parent document, even then the 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, 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
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W.P.No.9954 of 2022
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
respondents submits that the document presented by the petitioner was
rejected by the respondent on the ground that 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, certified copy of the parent document is sufficient to
entertain the document for registration.
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W.P.No.9954 of 2022
6. Accordingly, this writ petition is disposed of and the 2 nd
respondent is directed to entertain the document presented by the petitioner
namely the Settlement Deed to be re-presented by the petitioner along with
copy of Parent document as per Registration Act and the Indian Stamp Act
and if such document is filed with necessary Stamp Duty and Registration
fees, the second respondent is directed to pass orders on merits and in
accordance with law after affording an opportunity of hearing to the
petitioner and aggrieved persons if any, within a period of six weeks from
the date of receipt of a copy of this order. No costs.
25.04.2022
rap
Index : Yes/No
Speaking order : Yes/No
To
1. The District Registrar,
Dharmapuri District,
At Dharmapuri.
2. The Sub Registrar,
Palacode,
Dharmapuri District.
https://www.mhc.tn.gov.in/judis
W.P.No.9954 of 2022
M.DHANDAPANI, J.
rap
W.P.No.9954 of 2022
25.04.2022
https://www.mhc.tn.gov.in/judis
