Madras High Court
R.Hemalatha vs The Inspector General Of ... on 5 July, 2022
W.P. No.16934 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :05.07.2022
CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
W.P. No.16934 of 2022
and
W.M.P.No.16217 of 2022
R.Hemalatha ... Petitioner
Vs.
1. The Inspector General of Registration,
100, Santhome High Road,
Mullima Nagar, Mandavelipakkam,
Raja Annamalai Puram,
Chennai, Tamil Nadu 600 028.
2. The Sub Registrar,
Joint 1-Sub Registrar,
Tirupur 641 002. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus, to call for records of the 2nd
respondent pertaining to its refusal order number: RFL/1 Sub
Registrar/Tirupur/148/2022 dated 3rd June 2022, quash the same as illegal
consequently direct the 2nd respondent to register the documents presented by
the petitioner for registration without insisting for the production of original
parent document in light of the order made by this Court in K.S.Vijayandran
Vs IG of Registration 2011 (2) LW 648 and in Sivanandiyan Vs. The Sub
Registrar, Pudukottai in W.P.(MD)No.19745 of 2020 and Dharini Vs.IG
Registration in W.P.(MD)No.8571 of 2022, within the time that may be
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1/6
W.P. No.16934 of 2022
stipulated by this Court.
For Petitioner : Mr.K.Krishna
For Respondents : Mr.Yogesh Kannadasan,
Special Government Pleader
ORDER
The petitioner has filed this petition to issue a Writ of
Certiorarified Mandamus to call for records of the 2nd respondent pertaining
to its refusal order number: RFL/1 Sub Registrar/Tirupur/148/2022 dated 3rd
June 2022, quash the same as illegal and to direct the 2nd respondent to
register the documents presented by the petitioner for registration without
insisting for the production of original parent document.
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 a
document on 01.06.2022 for executing Gift Deed in favour of
M.R.Athisnithin, before the 2nd respondent. However, the said document was
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W.P. No.16934 of 2022
refused to be registered by the 2nd respondent on the ground that original
document was not produced before him for verification. 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 submits 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, unless the power
of issuance of such Circular is authorized under the provisions of
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W.P. No.16934 of 2022
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 original document was not
produced before him for verification.
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 present
the original document, certified copy of the parent document is sufficient to
entertain the document for registration.
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W.P. No.16934 of 2022
7. Accordingly, this writ petitions is allowed, the impugned order is
set aside and the 2nd respondent is directed to entertain the document
presented by the petitioner, if otherwise in order 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. Consequently, connected miscellaneous petition is also
closed. There shall be no order as to costs.
05.07.2022
Index : Yes / No
Internet : Yes / No
Speaking order / Nonspeaking order
nsa
To
1. The Inspector General of Registration,
100, Santhome High Road,
Mullima Nagar, Mandavelipakkam,
Raja Annamalai Puram,
Chennai, Tamil Nadu 600 028.
2. The Sub Registrar,
Joint 1-Sub Registrar,
Tirupur 641 002.
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W.P. No.16934 of 2022
M.DHANDAPANI, J.
nsa
W.P. No.16934 of 2022
and
W.M.P.No.16217 of 2022
05.07.2022
https://www.mhc.tn.gov.in/judis
