Madras High Court
A.Mayangathal vs The Sub-Registrar on 4 August, 2022
W.P.No.19771 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.08.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.No.19771 of 2022
A.Mayangathal ...Petitioner
vs.
The Sub-Registrar,
Avinashi Registrar,
Avinashi (taluk),
Tiruppur – 641 654. ... Respondent
Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus calling for records relating to the
impugned refusal Check Slip No.11/2022, Sub Registrar, Avinashi and quash
the same and consequently direct the respondent to register the document
presented by the petitioner for registration without insisting for the production
of the original parent document within the time fixed by this Court.
For Petitioner : Mr.V.Viswanathan
For Respondent : Mr.Yogesh Kannadasan
Special Government Pleader
ORDER
This writ petition has been filed seeking for issuance of a Writ of
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W.P.No.19771 of 2022
Certiorarified Mandamus to call for records relating to the impugned refusal
Check Slip No.11/2022, Sub Registrar, Avinashi and quash the same and
consequently direct the respondent to register the document presented by the
petitioner for registration without insisting for the production of the original
parent document within the time fixed by this Court.
2. Mr.Yogesh Kannadasan, learned Special Government Pleader takes
notice for the respondent. 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.
2. The case of the petitioner is that herself and her deceased husband
namely Ammasiappan are the owners of the property of an extent of 2758
sq.ft. and 900 sq.ft situated in N.Velampalayam Village, Palladam Taluk,
Tiruppur District. While that being so, the said Ammasiappan died leaving
behind his legal heirs. Thereafter, the petitioner decided to execute the
Settlement Deed for the above said properties in favour of her daughter and
the same was presented before the respondent for registration, but the
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W.P.No.19771 of 2022
respondent refused to register the said documents on 02.06.2022 stating that
the original parent document was not annexed. Challenging the said Refusal
Check Slip, the present Writ Petition has been filed.
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
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W.P.No.19771 of 2022
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
respondent 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,
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W.P.No.19771 of 2022
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.
7. Accordingly, this writ petition is allowed, the impugned order dated
02.06.2022 is set aside and the respondent is directed to entertain the
documents 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.
04.08.2022
RAP
Index : Yes/No
Speaking order : Yes/No
To
The Sub-Registrar,
Avinashi Registrar,
Avinashi (taluk),
Tiruppur – 641 654.
M.DHANDAPANI, J.
rap
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W.P.No.19771 of 2022
W.P.No.19771 of 2022
04.08.2022
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