Madras High Court
Sivagami vs The Sub-Registrar on 13 June, 2022
W.P.No.14578 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.14578 of 2022
and
W.M.P.Nos.13777 & 13778 of 2022
1. Sivagami
2. Sivakumar Raja
3. Sakthivel ...Petitioners
Vs.
The Sub-Registrar,
Avalpoondurai Sub Registrar Office,
Erode District. ...Respondent
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 order made in Refusal Check Slip dated 08.04.2022 in
RFL/Avalpoondurai/38/2022, quash the same and consequently direct the
respondent to register Sale deed dated 07.04.2021 by verifying the Certified
copy of the parent document and Encumbrance Certificate without insisting
for Original Parent Document.
For Petitioners : Mr.U.Azharudhin
1/7
https://www.mhc.tn.gov.in/judis
W.P.No.14578 of 2022
For Respondent : Mr.Yogesh Kannadasan, Spl.GP
ORDER
The petitioners have filed this Writ petition seeking issuance of a Writ
of Certiorarified Mandamus to call for the records pertaining to the
impugned order dated 08.04.2022 passed by the respondent in Refusal
Check Slip No.RFL/Avalpoondurai/38/2022, quash the same and
consequently direct the respondent to register the Sale deed presented by the
writ petitioner without insisting for the production of original parent
document.
2. Learned Special Government Pleader takes notice for the
respondent. 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 1st petitioner is the owner of
the property comprised in Re-Survey Nos.804/1 and 804/2, measuring an
extent of 2.79 Acres out of 5.58 Acres, situated at Elumathur Village,
Modakurichi Taluk, Erode District and the same was allotted to her by way
of registered Will dated 22.10.1998 executed by her maternal aunt one,
https://www.mhc.tn.gov.in/judis
W.P.No.14578 of 2022
Lakshmiammal. After the demise of the said Lakshmiammal, the said Will
dated 22.10.1998 came into force and the 1st petitioner is in complete
possession and enjoyment of the said property and the revenue records were
also mutated in her favour. Whileso, the 1st petitioner with an intention to
sell the subject property, executed a Sale deed dated 07.04.2022 in favour of
the 2nd and 3rd respondents and when the same was presented for
registration before the respondent, the respondent rejected the same, vide
Refusal Check Slip dated 08.04.2022 in RFL/Avalpoondurai/38/2022, on
the sole ground that the original parent document was not annexed along
with the document 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, even then the respondent refused to register the
document, which is not sustainable. Further, the issue involved in the
present case, is no more res-integra and 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:-
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W.P.No.14578 of 2022
"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 registration."
5. The learned Special Government Pleader appearing for the
respondents submits that the document presented by the petitioner was
rejected by the respondent 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
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W.P.No.14578 of 2022
2020, order dated 11.02.2021, it is clear that, there is no need to present the
original parent document, and certified copy of the parent document is
sufficient to entertain the document for registration.
7. Accordingly, this writ petition is allowed, the impugned order
is set aside and the 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.
No costs. Consequently, connected Miscellaneous petitions are closed.
13.06.2022
skt
Speaking Order : Yes / No
Index : Yes / No
To
https://www.mhc.tn.gov.in/judis
W.P.No.14578 of 2022
The Sub-Registrar,
Avalpoondurai Sub Registrar Office,
Erode District.
M.DHANDAPANI,J.
skt
W.P.No.14578 of 2022
and
W.M.P.Nos.13777 & 13778 of 2022
https://www.mhc.tn.gov.in/judis
W.P.No.14578 of 2022
13.06.2022
https://www.mhc.tn.gov.in/judis
