Madras High Court
A.Jagadeesan vs The Sub-Registrar on 24 March, 2022
W.P. No.6833 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :24.03.2022
CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
W.P. No.6833 of 2022
A.Jagadeesan ... Petitioner
Vs.
The Sub-Registrar,
The Office of the Sub-Registrar,
Thiruchengode-637-211,
Namakkal District. ... Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus to call for the entire record
pertaining to the impugned Refusal Check Slip in Refusal
No.RFL/Thiruchengode/16/2022, dated 05.03.2022, passed by the
respondent and to quash the same as illegal, incompetent and ultra-vires and
consequently direct the respondent to register the sale deed presented by the
petitioner for registration without insisting for the production of previous
original document withing the time stipulated by this Hon'ble Court.
For Petitioner : Mr.M.Lokesh
For Respondent : Mr.Yogesh Kannadasan
Special Government Pleader
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W.P. No.6833 of 2022
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of
Certiorarified Mandamus to call for the entire records pertaining to the
impugned Refusal Check Slip in Refusal No.RFL/Thiruchengode/16/2022,
dated 05.03.2022, passed by the respondent and to quash the same as illegal,
incompetent and ultra-vires and consequently direct the respondent to register
the sale deed presented by the petitioner for registration without insisting for
the production of previous original document within the time stipulated by
this Court.
2. The learned Special Government Pleader appearing on behalf of the
respondent takes notice for the official respondent. In view of the limited
relief sought for in this petition and on the consent of 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 has purchased the
property in S.F.No.112/1A, in Tho.Goundam Palayam Village,
Thiruchengode Taluk, Namakkal District and the same was registered as
Document No.9065 of 2011, on the file of the respondent office. Thereafter,
the petitioner executed a Sale deed in favour of third party and presented
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W.P. No.6833 of 2022
before the respondent for registration. However, the same was returned in
Refusal No.RFL/Thiruchengode/16/2022, dated 05.03.2022, on the ground
that the original document was not produced. Hence, this writ petition is filed
with the above said prayer.
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 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
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W.P. No.6833 of 2022
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 passsed 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
respondent submits that the document presented by the petitioner was
rejected by the respondent on the ground that 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.
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W.P. No.6833 of 2022
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.
24.03.2022
Index : Yes / No
Internet : Yes / No
Speaking order / Nonspeaking order
Psa
To
The Tahsildar,
Panruti, Panruti Taluk,
Cuddalore District.
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W.P. No.6833 of 2022
M.DHANDAPANI, J.
Psa
W.P. No.6833 of 2022
24.03.2022
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