Madras High Court
Kamalam vs The Sub Registrar on 2 December, 2022
W.P.No.32359 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.32359 of 2022
And
W.M.P.No.31749 of 2022
Kamalam ... Petitioner
Vs.
The Sub Registrar,
Palladam Sub – Registrar Office,
Tiruppur District. ... Respondent
Prayer:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus calling for the records relating
to the impugned order made in refusal Check Slip dated 27.08.2022 in
RFL/Palladam/66/2022 quash the same and consequently direct the
respondent to register sale deed dated 27.08.2022 by verifying the
Certified copy of the parent document bearing No. 1579 of 1987, and
Encumbrance Certificates, without insisting for Original Parent Deed.
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.32359 of 2022
For Petitioner : Mr.R.Prabakar
For Respondent : Mr.E.Vijay Anand
Additional Government Pleader
ORDER
The petitioner has filed this writ petition seeking issuance of
Writ of Certiorarified Mandamus calling for the records relating to the
impugned order made in refusal check slip dated 27.08.2022 in RFL/
Palladam/66/2022, quash the same and consequently direct the
respondent to register the sale deed dated 27.08.2022 by verifying the
certified copy of the parent document bearing No.1579 of 1987 and
encumbrance certificate, without insisting for original parent deed.
2.The case of the petitioner is that the petitioner purchased a
property vide sale deed dated 09.11.1987 bearing Document No.1579
of 1987 and during the year 2018, the petitioner executed a Will in
favour of her sister's son Elangovan vide Document No.19/2018 dated
01.02.2018 and thereafter since her sister and her son Elangovan did
not take care of the petitioner, the petitioner cancelled the Will vide
Document No.261/2022 dated 27.08.2022. Thereafter, the petitioner
made arrangement to prepare the sale and presented the same before
the respondent for registration. However, the respondent issued the
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W.P.No.32359 of 2022
impugned refusal check slip refusing to register the same on the
ground of non production of original parent document. Hence, this
petition.
3.The learned counsel appearing for the petitioner submitted
that for registering a document, original parent document is not
necessary and certified copy of the parent document is sufficient. In
the present case, though the petitioner presented the sale deed along
with the certified copy of the parent document, the respondent issued
the impugned refusal check slip, which is not sustainable one. The
learned counsel further submitted that the issue arises in the present
case has already been settled by the Madurai Bench of this Court and
relied upon the decision of the Madurai Bench of this Court made in
W.P.(MD) No.19745 of 2020 dated 11.02.2021.
4.The learned Additional Government Pleader appearing for the
respondent submitted that since the petitioner did not produce the
original parent document while presenting the sale deed for
registration, the respondent issued the impugned refusal check slip.
5.Heard the counsel appearing for the petitioner and the learned
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W.P.No.32359 of 2022
Additional Government Pleader appearing for the respondent and
perused the materials placed on record.
6.The issue involved in the present writ petition is covered by
the decision of the Madurai Bench of this Court made in W.P.(MD)
No.19745 of 2020 dated 11.02.2021, the relevant portion of which
reads as follows:
''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 the Act, in the absence of any
specific provisions and in that view of the
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W.P.No.32359 of 2022
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.''
7.The above decision will squarely apply to the facts of the
present case and it makes it clear that certified copy of the parent
document is sufficient to entertain the document for registration. The
impugned refusal check slip issued by the respondent dated
27.08.2022 is hereby set aside. The respondent is directed to
entertain the sale deed presented by the petitioner, without insisting
on the production of original parent document, if it is otherwise in
order and subject to payment of necessary stamp duty and registration
fees.
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W.P.No.32359 of 2022
M.DHANDAPANI,J.
pri
8.This writ petition is accordingly allowed. No costs.
Consequently, the connected miscellaneous petition is closed.
02.12.2022
pri
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
To
The Sub Registrar,
Palladam Sub – Registrar Office,
Tiruppur District.
W.P.No.32359 of 2022
And
W.M.P.No.31749 of 2022
02.12.2022
https://www.mhc.tn.gov.in/judis
