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
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 3rd respondent to register
sale deed dated 09.02.2022, executed by the petitioner 1 to 4 in favour of 5th
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 5th
petitioner without insisting the original title document.
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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
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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 learned Judge has reasoned without
any specific reference to the scheme of the Act, which governs the
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W.P.No.15316 of 2022
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.
21.03.2022
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W.P.No.15316 of 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
https://www.mhc.tn.gov.in/judis
W.P.No.15316 of 2022
21.06.2022
https://www.mhc.tn.gov.in/judis
