Madras High Court
K.R.Velusamy vs The Inspector General Of ... on 21 June, 2022
W.P.No.15316 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.15316 of 2022
and W.M.P.Nos.14479 & 14481 of 2022
1.K.R.Velusamy
2.A.Kandhasamy
3.S.Senthinathan
4.Saraswathi
5.P.Kumaravel ...Petitioners
Vs.
1.The Inspector General of Registration
Office of the Inspector General of Registration
100, Santhome High Road,
Chennai – 600028.
2.The District Registrar,
Office of District Registrar,
Erode.
3.The Sub-Registrar,
Chennimalai Sub-Registrar office,
Erode-638 051. ...Respondents
1
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W.P.No.15316 of 2022
Prayer:- Writ Petition filed under Article 226 of the Constitution of India
to issue a Writ of Certiorarified Mandamus to call for the records relating to
the impugned order passed by the 3rd respondent vide refusal check slip
bearing No.RFL/chennimalai/5/2022 dated 09.02.2013 and impugned order
passed by 2nd respondent vide Na.Ka.No.1207/A1/2022 dated 03.03.2022
and quash the same and consequently direct the 3 rd respondent to register
sale deed dated 09.02.2022, executed by the petitioner 1 to 4 in favour of 5 th
petitioner without insisting the original title document.
For petitioners : Mr.S.K.D.Rajasekar
For Respondents : Mr.Yogesh Kannadasan
Special Government Pleader
ORDER
The petitioners have filed this petition to issue a Writ of Certiorarified
Mandamus to call for the records relating to the impugned order passed by
the 3rd respondent vide refusal check slip bearing
No.RFL/chennimalai/5/2022 dated 09.02.2022 and impugned order passed
by 2nd respondent vide Na.Ka.No.1207/A1/2022 dated 03.03.2022 and
quash the same and consequently direct the 3rd respondent to register sale
deed dated 09.02.2022, executed by the petitioners 1 to 4 in favour of 5 th
petitioner without insisting the original title document.
https://www.mhc.tn.gov.in/judis
W.P.No.15316 of 2022
2. Mr.Yogesh Kannadasan, learned Special Government Pleader
takes notice for the respondents. In view of the consent expressed by the
learned counsel appearing on either side, this petition is taken up for final
disposal.
3. The case of the petitioners is that the petitioners 1 to 4 presented a
document on 09.02.2022 for registration of Sale Deed in favour of the 5 th
petitioner, before the 3rd respondent. However, the said document was
refused to be registered by the 3rd respondent on the ground that parent
document was not annexed along with the document which is presented for
registration. While so, the petitioners preferred an appeal before the second
respondent on 03.03.2022 and the same was dismissed on the same day
alleging that there is no power to entertain such appeal. Challenging the
same, the present Writ Petition has been filed by the petitioners for the
above relief.
4. Though very many grounds have been raised, learned counsel for
https://www.mhc.tn.gov.in/judis
W.P.No.15316 of 2022
the petitioners submit that though the petitioners annexed the certified copy
of the parent document, even then the 2nd and 3rd respondents 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 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
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W.P.No.15316 of 2022
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 petitioners was
rejected by the 2nd and 3rd respondents on the ground that original parent
document was not annexed along with the document.
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 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 orders
dated 09.02.2022 and 03.03.2022 are set aside and the third respondent is
directed to entertain the document presented by the petitioners and pass
appropriate orders within a period of twelve weeks from the date of receipt
of a copy of this order, and the petitioners are directed to pay requisite
Stamp Duty and Registration Charges. No costs. Consequently, connected
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W.P.No.15316 of 2022
miscellaneous petitions are closed.
21.06.2022
ep/rap
Index : Yes / No
Internet : Yes / No
Speaking Order/Non-Speaking Order
M.DHANDAPANI,J.
ep/rap
To
1.The Inspector General of Registration
Office of the Inspector General of Registration
100, Santhome High Road,
Chennai – 600028.
2.The District Registrar,
Office of District Registrar,
Erode.
3.The Sub-Registrar,
Chennimalai Sub-Registrar office,
Erode-638 051.
W.P.No.15316 of 2022
and W.M.P.Nos.14479 & 14481 of 2022
https://www.mhc.tn.gov.in/judis
W.P.No.15316 of 2022
21.06.2022
https://www.mhc.tn.gov.in/judis
