Madras High Court
K.Saravanan vs The District Registrar on 16 June, 2022
W.P.No.14944 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.14944 of 2022
K.Saravanan ... Petitioner
Vs.
1. The District Registrar,
The District Registrar Office,
Salem District.
2. The No.1 Joint Sub-Registrar,
District Registrar Office,
Salem (East),
Salem District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus calling for records pertaining to the
Refusal Check Slip in refusal number 8941/2021P/1 Joint Sub Registrar
Salem/7/2021 dated 29.11.2021 and to quash the same as illegal,
incompetent and ultravires and 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
1
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W.P.No.14944 of 2022
648 within the time that may be stipulated by this Court.
For petitioner : Mr.A.Thiyagarajan
For Respondents : Mr.Yogesh Kannadasan
Special Government Pleader
ORDER
The petitioner has filed this petition seeking for issuance of a Writ of
Certiorarified Mandamus calling for records pertaining to the Refusal
Check Slip in refusal number 8941/2021P/1 Joint Sub Registrar
Salem/7/2021 dated 29.11.2021 and to quash the same as illegal,
incompetent and 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.
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.
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W.P.No.14944 of 2022
3. The case of the petitioner is that the he is the owner of the property
in S.No.28/1, of an extent of 1.03 Acres, situated in Allikuttai Village.
Thereafter, when the petitioner presented the documents for registration, to
execute the Sale Deed dated 29.11.2021. However, the said document was
refused to be registered by the second respondent vide order dated
29.11.2021, on the ground that parent document was not annexed along
with the documents which were presented for registration. 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, the 1st 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
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W.P.No.14944 of 2022
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
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
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W.P.No.14944 of 2022
respondents submits that the documents presented by the petitioner was
rejected by the second respondent on the ground that Original parent
document was not annexed along with the documents.
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 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 29.11.2021 is set aside and the second 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.
16.06.2022
RAP
Index : Yes / No
Speaking Order/Non-Speaking Order
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W.P.No.14944 of 2022
M.DHANDAPANI,J.
RAP
To
1. The District Registrar,
The District Registrar Office,
Salem District.
2. The No.1 Joint Sub-Registrar,
District Registrar Office,
Salem (East),
Salem District.
W.P.No.14944 of 2022
16.06.2022
https://www.mhc.tn.gov.in/judis
