Madras High Court
V.Radhakrishnan vs The Inspector General Of ... on 14 June, 2022
W.P.No.14571 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.14571 of 2022
And
W.M.P.No.13769 of 2022
V.Radhakrishnan ... Petitioner
Vs.
1.The Inspector General of Registration,
Santhome High Road,
Chennai – 600 028.
2.The Sub Registrar,
Villivakkam,
Office of Integrated Sub – Registrar Offices Campus,
Nolambur,
Chennai – 600 037. ... Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus calling for the records of the
second respondent dated 21.04.2022 relating to the Refusal Check Slip
No.RFL/Villivakkam/15/2022 and quash the same and consequently
direct the first respondent to register the settlement deed dated
21.04.2022 presented by the petitioner to the second respondent on
1/7
https://www.mhc.tn.gov.in/judis
W.P.No.14571 of 2022
21.04.2022 for registration relating to petitioner's absolute property
bearing Plot No.588, School Road, Anna Nagar Western Extension,
Chennai – 600 101 with the certified copy of the sale deed dated
11.05.1992 without insisting the production of original parent
document.
For Petitioner : Mr.G.Anandakumar
for M/s.Thamizharasi Law Firm
For Respondents : Mr.Yogesh Kannadasan
Special Government Pleader
ORDER
The petitioner has filed this writ petition seeking issuance of
Writ of Certiorarified Mandamus calling for the records of the second
respondent dated 21.04.2022 relating to the Refusal Check Slip
No.RFL/Villivakkam/15/2022 and to quash the same and to
consequently direct the first respondent to register the settlement
deed dated 21.04.2022 presented by the petitioner to the second
respondent on 21.04.2022 for registration relating to petitioner's
absolute property bearing Plot No.588, School Road, Anna Nagar
Western Extension, Chennai – 600 101, with the certified copy of the
sale deed dated 11.05.1992 without insisting the production of original
parent document.
https://www.mhc.tn.gov.in/judis
W.P.No.14571 of 2022
2.The case of the petitioner is that the petitioner is the owner of
the subject property and he settled the property in favour of his
daughter and granddaughter by way of settlement deed on
21.04.2022 and presented the same before the second respondent for
registration. However, the second respondent issued the 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 settlement deed, original parent document is not
necessary and certified copy of the parent document is sufficient. In
the present case, though the petitioner presented the settlement deed
along with the certified copy of the parent document, the second
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 Special Government Pleader appearing for the
respondents submitted that since the petitioner did not produce the
https://www.mhc.tn.gov.in/judis
W.P.No.14571 of 2022
original parent document while presenting the settlement deed for
registration, the second respondent issued the impugned refusal check
slip.
5.Heard the counsel appearing for the petitioner and the learned
Special Government Pleader appearing for the respondents 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
https://www.mhc.tn.gov.in/judis
W.P.No.14571 of 2022
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
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 second respondent dated
https://www.mhc.tn.gov.in/judis
W.P.No.14571 of 2022
21.04.2022 is hereby set aside. The second respondent is directed to
register the settlement deed dated 21.04.2022 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.
8.This writ petition is accordingly allowed. No costs.
Consequently, the connected miscellaneous petition is closed.
14.06.2022
pri
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
To
1.The Inspector General of Registration,
Santhome High Road,
Chennai – 600 028.
2.The Sub Registrar,
Villivakkam,
Office of Integrated Sub – Registrar Offices Campus,
Nolambur,
Chennai – 600 037.
https://www.mhc.tn.gov.in/judis
W.P.No.14571 of 2022
M.DHANDAPANI,J.
pri
W.P.No.14571 of 2022
And
W.M.P.No.13769 of 2022
14.06.2022
https://www.mhc.tn.gov.in/judis
