S.Raj @ Pukkuraj vs The Sub Registrar
2022 Latest Caselaw 11541 Mad

Citation : 2022 Latest Caselaw 11541 Mad
Judgement Date : 30 June, 2022

Madras High Court

S.Raj @ Pukkuraj vs The Sub Registrar on 30 June, 2022

W.P.No. 16379 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2022

CORAM

THE HONOURABLE MR. JUSTICE M. DHANDAPANI

W.P.No. 16379 of 2022

S.Raj @ Pukkuraj ... Petitioner

Versus

The Sub Registrar,
Office of Joint-I Sub-Registrar,
Tiruppur- 641 602. ... Respondent

Prayer:

Writ Petition is filed under Article 226 of the Constitution of India to

issue a Writ of Certiorarified Mandamus, calling for the records relating to

Refusal Check Slip No.RFL/I-Joint Sub Registrar, Tiruppur, dated

08.10.2021 and quash the same as illegal and consequently direct the

respondent to register the Settlement Deed presented by him for registration

without insisting for the production of original parent document.

1/7

https://www.mhc.tn.gov.in/judis
W.P.No. 16379 of 2022

For Petitioner : Mr. S. Mohankumar

For Respondent : 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 respondent dated

08.10.2021 relating to the Refusal Check Slip No.RFL/I-Joint Sub

Registrar, Tiruppur, and quash the same and consequential direction to the

respondent to register the settlement deed dated 24.08.2020 presented by the

petitioner to the respondent on 08.10.2021 for registration relating to

immovable property of the petitioner along with certified copy of parent

document i.e. sale deed dated 14.07.1976 without insisting the production of

original parent document.

2.The case of the petitioner is that the petitioner is the owner of the

subject property and he settled 'A' property in favour of his wife by way of

settlement deed on 08.10.2021 and presented the same before the

respondent for registration. However, the respondent issued the impugned

refusal check slip refusing to register the same on the ground of non

https://www.mhc.tn.gov.in/judis W.P.No. 16379 of 2022

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 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 original

parent document while presenting the settlement deed for registration, the

respondent issued the impugned refusal check slip.

https://www.mhc.tn.gov.in/judis W.P.No. 16379 of 2022

5.Heard the learned 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 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

https://www.mhc.tn.gov.in/judis W.P.No. 16379 of 2022

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 respondent dated 08.10.2021 is hereby set aside.

The second respondent is directed to register the settlement deed dated

https://www.mhc.tn.gov.in/judis W.P.No. 16379 of 2022

24.08.2020 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.

30.06.2022 msm

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