Madras High Court
K.Jagadeswaran vs The District Registrar on 22 June, 2022
W.P.No.14980 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.14980 of 2022
K.Jagadeswaran ... Petitioner
Vs.
1. The District Registrar,
Registration Department,
Tiruppur.
2. The Sub-Registrar,
Registration Department,
Thalavadi,
Erode District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus calling for the records relating to
the Impugned "Refusal Check Slip" No.RFL/Thalavadi/4/2022 dated
18.05.2022 issued by the 2nd respondent herein, quash the same and
consequently direct the 2nd respondent herein to register the Settlement
Deed dated 18.05.2022 executed by the petitioner herein to and in favour of
his daughter K.J.Praneetha within a stipulated period.
For Petitioner : Mr.K.Govi Ganesan
For Respondents : Mr.Yogesh Kannadasan
1
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W.P.No.14980 of 2022
Special Government Pleader
ORDER
This Writ Petition has been filed seeking for the issuance of a Writ of
Certiorarified Mandamus to call for the records relating to the Impugned
"Refusal Check Slip" No.RFL/Thalavadi/4/2022 dated 18.05.2022 issued by
the 2nd respondent herein, quash the same and consequently direct the 2nd
respondent herein to register the Settlement Deed dated 18.05.2022
executed by the petitioner herein to and in favour of his daughter
K.J.Praneetha within a stipulated period.
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 18.05.2022 for executing Settlement Deed in favour of his
daughter K.J.Praneetha, before the second respondent. However, the said
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W.P.No.14980 of 2022
document was refused to be registered by the second respondent on the
ground that parent document was not annexed along with the document
which is 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 Sale Deed dated 27.01.2022, even then the 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
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W.P.No.14980 of 2022
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
respondents submits that the document presented by the petitioner was
rejected by the second respondent on the ground that parent document was
not annexed along with the document.
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W.P.No.14980 of 2022
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, the Writ Petition is allowed, the impugned order is
set aside and the second respondent is directed to entertain the document
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,
if not paid already. No costs.
22.06.2022
Index : Yes / No
Internet : Yes / No
Speaking Order/Non-Speaking Order
jd
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W.P.No.14980 of 2022
To
1. The District Registrar,
Registration Department,
Tiruppur.
2. The Sub-Registrar,
Registration Department,
Thalavadi,
Erode District.
M.DHANDAPANI,J.
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W.P.No.14980 of 2022
jd
W.P.No.14980 of 2022
22.06.2022
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